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(영문) 서울중앙지방법원 2014.02.05 2013고단8249
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

Around 23:20 on October 29, 2013, when the Defendant was drunk and had weak ability to discern things or make decisions, the Defendant demanded the victim E (the aged 41) working for the head of the Seocho-gu Seoul to rework the Defendant’s daily activities at the above restaurant or the neighboring accommodation, and the Defendant was refused, but the Defendant was dismissed, thereby taking off the said victim’s title by hand, and was landed by the victim F (the age 38), who is an employee, as the victim’s employee, as the victim’s f (the age 38)’s main body of this part.

As a result, the Defendant committed violence to the victim E, and the victim F was injured by the victim F on the left side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement concerning F;

1. A report on dispatch to the scene of violence incidents;

1. Application of Acts and subordinate statutes to field photographs, victims (F) photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The act of inflicting an injury upon carrying dangerous articles as indicated in the judgment: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act;

(b) The point of assault in judgment: Article 260 (1) of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Suspension of execution as provided for in Article 62(1) of the Criminal Act: Imprisonment with prison labor for a period of one year and six months (Hairth) to one year and six years, to one year and six months, to one year and six months (Hairth of one year and six months), to two years and six months (one year and six months), to one year and six months, to a violation of the Punishment of Violences, etc. Act (In the case of the crime of this case, the reduction area of Category I (Special Bodily Injury): [The rate to the mitigation area] of the punishment of this case, taking into account the special factors to be mitigated in the crime of this case, taking into account the minor injuries)] [The reduction area to the mitigation area] of the sentence of one year and six years, to the suspended sentence of one year and six months, to carry dangerous things.

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