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(영문) 서울중앙지방법원 2013.11.21 2013고단5974
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

1. Around 01:00 on July 27, 2013, the Defendant violated the Punishment of Violence, etc. against the Victim C (a Bodily Injury by Group, etc.) (the Defendant was aware that the victim C (the age of 51) who was pet at the Defendant’s house located in Jongno-gu Seoul Metropolitan Government D1st century is the workplace E and the private rights, which is a dangerous weapon that was in the kitchen kitchen, was collected in a kitchen, and 2 times of dancing on the part of the victim, such as the right of the victim, and 10cm down on the right part of the right part and the right part of the buckbuck.

As a result, the defendant carried a deadly weapon with the victim's injury such as the days of treatment.

2. Around 13:00 on July 27, 201, the Defendant violated the Punishment of Violences, etc. (abs., injury by collective or deadly weapons, etc.) against the victim E, at the same place as Paragraph (1) of the same Article, and the victim E (the age of 54) who received a request from the victim C to receive his/her help and her body fighting as above, and the head of the victim took one time due to an empty disease, which is a dangerous object in the inside.

As a result, the defendant carried dangerous things and inflicted an injury on the victim, such as the influence of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement to C by the police;

1. A written statement;

1. The police seizure record and the list of seizure;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Of concurrent crimes, an aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment for a violation of the Punishment of Violence, etc. Act (a collective crime, a deadly weapon, etc.) against C of a heavier victim;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act (determination of types of punishment) are violence.

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