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(영문) 서울서부지방법원 2013.12.11 2013고단2514
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Reasons

Punishment of the crime

1. Around 12:50 on July 11, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury to a group, etc. of deadly weapons) committed an infinite heat on the part of the victim E (infinite, 37 years of age) who was taught in the D restaurant located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and the victim’s body was finite and dangerous for several times due to drinking and a dangerous object, and the part of the victim’s right end was finite.

2. The Defendant, at around 13:05 on the same day, interfered with the performance of official duties by police officers on criminal investigation and maintenance of public order and security, who were under questioning of the case from the victim G, after receiving a report of the assault incident during the said incident at the same place as in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and E;

1. A H statement;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act on the Punishment of Specific Crimes, Article 257(1) of the Criminal Act (the point of inflicting bodily injury upon a dangerous object), and Article 136(1) of the Criminal Act on the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentence of a sentence is inevitable in light of the fact that the Defendant, even though he was guilty of his misunderstandings, the victim E wishes to punish the Defendant, and the Defendant has the same kind of power.

However, in consideration of all the sentencing conditions stipulated in Article 51 of the Criminal Act, such as sentencing conditions favorable to the accused, the sentence shall be determined as ordered.

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