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(영문) 서울서부지방법원 2015.08.11 2015고단1343
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

On June 8, 2015, at the front of the "D convenience store" located in Eunpyeong-gu Seoul Metropolitan Government on June 17:10, 2015, while drinking together with the victim E (the age of 45) who was known to and under the influence of drinking, the Defendant saw the victim’s desire, collected an empty urine disease, which is a dangerous object on his/her table, collected the victim’s head once, cut off the part of the victim’s head once, and added the part of the victim’s head once again, and put the victim into the part of the victim’s head, such as the part of the number of treatment days.

Accordingly, the defendant was injured by carrying a deadly weapon or other dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend the course of education lies in the fact that the defendant has been punished several times for the same crime; the defendant thought that the defendant, who was under the influence of alcohol, had committed an act to mislead the defendant; and in light of the crime of this case and its details and risk, two small-scale soldiers, which are dangerous articles, are placed in the part of the victim's head in sequential order on the ground that the victim's head was bad; thus, the defendant's liability for the crime of this case is considerably heavy; it is not agreed; the defendant committed the crime of this case by contingency; the defendant committed the crime of this case; the defendant committed the crime of this case; the victim's injury was committed and the degree and degree of the injury;

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