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(영문) 서울중앙지방법원 2014.06.19 2014고단883
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:00 on September 10, 2013, the Defendant: (a) taken the victim’s face side at drinking on the ground that the victim would escape without the Defendant’s telephone; and (b) continued to work for the victim to “G uniforming” located on the first floor of Gangnam-gu FF, Seoul, on the ground that the victim would escape from the Defendant’s telephone.

The Defendant, in his hand within the above singing place, flicked the victim’s head, flicked the victim’s head on the floor, flicked the victim’s head and flicked the victim’s head, 5-6 times to 6 times to flick the victim’s head, and flicked the victim’s face by drinking the victim’s face, and flicked the victim’s head.”

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as a felring that requires treatment for about 24 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A medical certificate of injury (No. 3 No. 5 of evidence list);

1. Application of Acts and subordinate statutes No. 8 of photographic (Evidence No. 8);

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. Article 62 (1) of the Criminal Act (including the circumstances, etc. described in the following reasons for sentencing);

1. The defendant's assertion of Article 62-2 of the Social Service Order Criminal Act asserts that although the defendant had inflicted an injury on the victim as stated in the facts charged of this case at the time and place of the instant case, he did not carry the camping net, which is a dangerous object.

However, according to the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it can be sufficiently recognized that the defendant was injured by the victim while carrying the camping net.

(1) The investigative agency and the H.

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