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(영문) 서울동부지방법원 2013.07.25 2013고단757
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 13, 2013, at around 01:15, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.) 3 knife the victim E (the age of 43) and his employees’ monthly wage in D restaurants located in Gwangjin-gu Seoul Special Metropolitan City (the age of 3) and opened a door-to-door World Cup, which was located on the table of the customer, and opened a door-to-face 14-27 cm in a simplified line located in the center of the above restaurant, and knife the knife (the blade length) and knife the body of the victim, which was a dangerous object located in the central part of the above restaurant, continued to have 3 knife the body of the victim. However, F cut off the victim's body and right knife at the middle, and then the said knife 2 knife was added.

Accordingly, the defendant used dangerous objects to assault the victim.

2. Violation of the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) committed damage to the victim's character of arms that requires approximately two weeks of treatment to the right-hand elbow in accordance with the victim's right-hand elb, where the victim F (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. E statements;

1. Investigation report (on the spot ctv video data);

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of field and chlosopha knife pictures, victim F clothes, teare pictures and body photographs, on-site Cctv video data photographs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Discretionary mitigation;

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