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(영문) 서울동부지방법원 2013.08.28 2013고단1630
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 23:10 on April 30, 2013, the Defendant: (a) while drinking alcohol at “Dju” of the second floor in Gwangjin-gu Seoul Special Metropolitan City, on the ground that the victim E (n, 22 years of age) who is an employee, was faced with the right edge of the victim by shouldering beer’s disease, which is a dangerous object on the table, and the face and course of drinking, and (b) had the beer’s disease, which is a dangerous object on the table, directed the victim, leading the beer’s disease on the floor, and led the beer’s disease to the bed from the bottom of the victim and the right side of the victim, and caused the victim’s injury that could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the provisions of Chapter IV of the Acts and subordinate statutes to photographs of injured victims;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant has no record of punishment for the same kind of crime, the fact that the defendant agreed with the injured party, and the fact that the defendant reflects the wrongness);

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