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(영문) 대구지방법원 김천지원 2013.08.21 2013고단703

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

At around 19:30 on May 18, 2013, when the Defendant lacks the ability to decide the intention of drunk, the Defendant inflicted an injury on the victim E (the 52 years of age) and alcohol in the D cafeteria located in Gumi-si, Gumi-si, on the ground that the victim took part in the issue of the Defendant’s coming from the Defendant’s child F, and caused an injury on the victim’s right side by making the victim take one time off the math part of the disease, which is a dangerous object on the customer’s own, so that the part on the right side of the victim can tear.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [decision of types] domestic violence; habitual injury, repeated injury, special injury, repeated injury, special injury [Special Convict] mitigation element: Insignificant injury, non-permanent mitigation element of punishment [the scope of decision and recommendation in the recommendation field], special mitigation range, September through February 6 [the general person] mitigation element: Whether or not a person is subject to suspended sentence] [the person who is disqualified for suspended sentence [the person in question] who is sentenced to two years of suspended sentence for six months due to a violation of the Punishment of Violences, etc. Act in the Daegu District Court Kimcheon branch of the Daegu District Court on February 15, 2013 [the decision of suspension of execution becomes final and conclusive February 23, 2013] Punishment of Violences, etc. [the decision of suspension of execution and the order thereof becomes final and conclusive in addition to the above sentencing]. In addition to each of the above sentence, where the judgment of this case becomes final and conclusive during the suspended sentence, the sentence and the order thereof shall be determined.