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(영문) 서울서부지방법원 2013.07.17 2013고단1133
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who has permanent residence in the Republic of Korea with the nationality of the People's Republic of China and works as a Chinese travel guide, and C and D are working as a Chinese travel guide, respectively.

At around 22:40 on January 7, 2012, the Defendant: (a) talked in Korean language in front of Mapo-gu Seoul, Mapo-gu; (b) 3 years old; (c) 40 years old; (d) 43 years old; and (d) 41 years old; and (d) 41 years old; and (d) the Defendant was fluenced by an emptyer who is a dangerous object, and fluencing a part of the victim F’s back water level at one time; (d) the Defendant was flucatedd with a timber standing signboard at one time; and (e) the Defendant was flucencing the head head of the F; and (e) the Defendant was flucencing the head and the side part of the Victim H by drinking; and (e) flucening the head and side part of the victim H by combining it with D, thereby destroying the victim H’s flue floor.

As a result, the Defendant carried dangerous articles and inflicted injury on the said F, such as the two skins, the two skins of the two mouths, the two mouths of the two mouths, and the mouths of the two mouths, and the two skins that require approximately three weeks of treatment to the victim G in collaboration with the said C and D, respectively, and the victim H for two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police interrogation protocol of the accused, C, D, F, G, and H

1. Application of Acts and subordinate statutes to the medical certificate of injury and written agreement;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act (the occupation of an injury to carry dangerous articles), Articles 2 (2) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of a joint injury and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;

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