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(영문) 서울중앙지방법원 2013.12.26 2013고단7348
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

On October 14, 2013, the Defendant: (a) around 03:20 on October 14, 2013, at “E” ran tavern operated by the victim D (Inn, 51 years of age) underground in the Jung-gu Seoul Metropolitan Government building C; (b) reported that the victim in a relationship with the Defendant drinks with other customers; and (c) provided a beer’s head as a dangerous object.

As a result, the Defendant carried dangerous articles and inflicted an injury upon the victim with which it is impossible to identify the treatment date, such as the care date of the victim, when the victim was frighten and frightened in a small beer illness.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the investigation report;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. Discretionary mitigation (alongity, the fact that there is no same kind of power, and overall circumstances such as agreement) under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered for reasons for discretionary mitigation);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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