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(영문) 서울북부지방법원 2014.04.11 2013고단1575
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 June 12, 2013, at around 13:20 on June 13, 2013, the Defendant sustained the victim D(67 years of age), 2 times of age, and 2 times of drinking, in the residence of the Defendant located next to the Defendant, the Defendant was able to see the Defendant’s age to 2 times of the above-mentioned post-age, and the Defendant was able to fright the victim’s end with a dangerous object that was at the same time, and caused the injury to the Defendant’s left part of the upper end of the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the confession of the instant crime and the fact that the victim is not punishable);

1. Article 62 (1) of the Criminal Act (Taking into account circumstances in the preceding sentence);

1. Probation under Article 62-2 of the Criminal Act;

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