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(영문) 전주지방법원 군산지원 2014.10.08 2014고단561

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

1. On May 13, 2014, the Defendant in violation of the Punishment of Violences, etc. Act (a collective injury, etc. with a deadly weapon, etc.) drinks alcoholic beverages from D in the Yasan-si C around 00:56 on May 13, 2014, and without any justifiable reason, 50CC C C C, a thing dangerous to the table of E (37 years of age) of the victim E (a person under the influence of alcohol) who drinks alcoholic beverages from the table.

By gathering one bottle, the part was broken on the left side of the victim's left part, and the part was sponsed on the victim's left part for about two weeks of treatment, and the victim was sprinked on the left side and sprinked on the side.

2. The Defendant, at the above time and place of the assault, assaulted the victim’s face by taking one time, who was requested by the Victim F (39 years of age) from the victim F (F) who committed the act as above, to undergo a apology.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);