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(영문) 서울중앙지방법원 2013.10.24 2013고단3961
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:20 on June 25, 2013, the Defendant d (54) was under the influence of alcohol in front of the Seongbuk-gu Seoul Road, and frighted against the main employees of Seongbuk-gu Seoul Road, and the Defendant d (54 years of age) went to the Defendant, and d (54 years of age) was in possession of the Defendant, thereby leaving the Defendant d (19.5 cm in total length, 9.5 cm in length, 9.5 cm in length). The Defendant d) d (5 cm in a dangerous thing that he was in possession of the Defendant. The Defendant d) d (54 meters in length, knife in a dangerous thing that he was in possession of the Defendant. The Defendant d) suffered from the injury of the Defendant, including

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. Application of excessive photographic Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that an agreement was made with the victim and the degree of injury was not severe);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the same circumstances as the above, and the facts that the defendant has committed a mistake and has not committed a criminal offense);

1. Probation under Article 62-2 of the Criminal Act;

1. Extent of sentence of recommendation under Article 48(1)1 of the Criminal Act to be confiscated: It is so decided as per Disposition on the grounds of not less than September-2 and not less than two years (reduction area; minor injury and not less than punishment).

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