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(영문) 서울남부지방법원 2013.07.17 2013고단1363
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 05:05 on November 21, 2012, the Defendant: (a) at Geumcheon-gu Seoul, Geumcheon-gu, Seoul, “Dju store”; (b) at the victim F (41) on the back table, stated that the victim F (the age of 41) was able to blickly change the wall; (c) 2 of the small-scale disease on the table table, flicked the table by cutting off it into the table by hand; and (d) flicker’s disease, which is a dangerous object, the Defendant flicked the victim’s left upper part of the wall, and flicked approximately 3 cm off to the victim.

Summary of Evidence

1. The statement made by the defendant on the second trial date; and

1. Application of each police interrogation protocol to G and F

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. As to the assertion of the defendant and his defense counsel, the defendant and his defense counsel alleged that they committed an act under the state of lacking the ability to distinguish things or make decisions due to mental or physical disorder by taking the defendant into custody at the time. However, according to each of the above evidence, it cannot be said that the defendant had a state of mental or physical disability at the time, and the above assertion is without merit.

It is so decided as per Disposition for the above reasons.

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