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(영문) 서울북부지방법원 2015.01.29 2014고단2923
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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

Around 16:40 on August 15, 2014, the Defendant, while under the influence of alcohol, had the ability to discern things or make decisions, suffered injury to the victim’s head on the grounds that the victim took a speech to disregard himself, such as the victim E (the age of 55) in front of the D convenience point in Dobong-gu Seoul, Seoul, while drinking alcohol as the victim E (the age of 55). The Defendant sustained the victim’s head once, and then caused the victim’s injury to the victim’s left knife, such as a knife’s left knife, etc., once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing bodily injuries;

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

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

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

1. In light of the fact that there is no prior convictions to be particularly considered in sentencing for the reason of sentencing under Article 62-2 of the Criminal Act, the result of damage is not severe, the defendant suffers from a yellow disorder or depression, and it is hard to say that he has committed the crime of this case in a contingent manner by spreading and treating alcohol, and the confession of the crime of this case and reflect in depth, etc., the punishment as set forth in the disposition shall be determined as per Disposition.

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