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(영문) 부산지방법원 2013.05.07 2012고단10378

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

At around 20:50 on October 4, 2012, the Defendant: (a) while drinking a mixed alcoholic beverage at a D restaurant located in Busan Yan-gu, Busan Yan-gu, and (b) while drinking a dangerous object without any justifiable reason to the victim E (the age of 43) (the age of 43) who carried the alcoholic beverage on the tebb below the tebbb, the Defendant left the part of the victim’s head to the right side of the main, and caused about 10 meters to tear the part of the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes to investigation reports (generally, monetary reports with victims);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that a minor injury has occurred);

1. The Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act during the suspended sentence are asserted to the effect that the Defendant and the defense counsel stated that they were in a state of mental disorder or mental disorder by under the influence of alcohol at the

Although the defendant had drinking alcohol at the time of the crime, in light of various circumstances, such as the background, means, and the defendant's behavior before and after the crime of this case, the defendant did not have the ability to discern things or make decisions under the influence of alcohol.

It does not seem that it has reached a state or weak.

The defendant and defense counsel's above assertion are not accepted.