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(영문) 대구지방법원 2013.12.12 2013고단6028

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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

On September 19, 2013, at around 15:30 on September 15, 2013, the Defendant, while drinking alcohol together with three victims C(57 years of age) and three years of age, was in a dispute with the victim, he collected spawn, which is a dangerous object that he had been placed on his customer, and inflicted an injury on the victim in an open face part requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each report on internal investigation (the case accompanied by a photograph of the injured part of the victim, the case of a witness DNA telephone investigation);

1. Application of Acts and subordinate statutes to a criminal investigation report (cases accompanied by a medical certificate);

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 of the Criminal Act for discretionary mitigation (including the fact that there is no previous conviction for the defendant, the fact that the defendant has led to a crime and seems to have committed any contingent crime under the influence of alcohol, the fact that the degree of injury to the victim is not excessive, the age, inclination, health condition, etc. of the defendant);

1. It shall be decided as per the Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognating Reasons for discretionary mitigation);