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(영문) 서울중앙지방법원 2013.07.18 2013고단2017
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, 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

At around 00:00 on March 22, 2013, the Defendant, at D main points in Gangnam-gu Seoul Metropolitan Government, inflicted an injury on the victim E (the age of 31) and others, such as “the fluor’s disease,” which is a dangerous object on the ground that it is bad for the victim to drink, while drinking with the victim E (the age of 31) and talking with the victim, as well as “the fluor’s disease,” which is a dangerous object, was collected by the Supreme Court Decision 96Do3411 Decided February 25, 1997, and caused the victim’s head to undergo approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Where the reason for sentencing under Article 62-2 of the Criminal Act of the community service order (determination of a type): (a) habitual injury, repeated injury, and special injury (special person) habitually injured, repeated crime, special injury (including a person who has been specially punished) - sources of punishment not having committed a minor injury (including a serious effort to recover damage) or considerable partial damage has been recovered (decision of the recommended area) [decision of the recommended area] Special mitigation area / 9 to 2 months [the scope of recommendation] / June [the range of general persons] - the applicable provisions of a reflect [the range of punishment] which is serious for mitigation elements: Three years to 3 years: the scope of statutory aggravated punishment and mitigation of punishment: three years [whether suspended sentence] : Three years to 30 years; (b) Where a negative organization or multiple force was committed; where a deadly weapon or other dangerous article was carried out by carrying a dangerous weapon, it shall not be positive to the extent that the serious injury was actually convicted for recovery of one or more years of active punishment;

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