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(영문) 대구지방법원 2012.06.12 2012고단166

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 of the final judgment.

Reasons

Punishment of the crime

At around 15:30 on July 24, 201, the Defendant brought about 20,00 won to the victim D (the 33 years of age) for drinking, tobacco, and fluort. However, on the ground that the victim demanded to increase the amount of KRW 10,000, the Defendant sustained an injury against which the number of days of treatment cannot be known, such as the victim’s face, by taking away from the victim’s face, who was in danger of being exposed to the 15:30 on the ground that the victim demanded to change the amount of KRW 10,00.

Summary of Evidence

1. Legal statement of witness D;

1. Examination protocol of the accused by the prosecution (written statement of the accused, written statement of D);

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes to a report on investigation;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant's assertion of Article 62-2 of the Probation Criminal Act and the reason for the determination of the judgment of the defendant and the sentencing are as follows: although the defendant was found to have placed an empty ward on the floor, the victim did not fit, and the victim considered him/her as soon as possible with a cell phone used by him/her, and denied the facts of crime.

However, the victim's statement consistent with the criminal facts since the beginning of the investigation, and E, a criminal facts can be acknowledged according to the evidence stated in the summary of the above evidence, such as the fact that the victim made a statement consistent with the criminal facts consistently from the beginning of the investigation, and that E, a criminal defendant's daily behavior, did not directly regard the victim's disease at the prosecutor's office, but did not have any other reason, considering the victim's appearance in the victim's entrance, and that the victim made a statement that

Even if the criminal facts are recognized as above, the defendant denies them and does not have any way to recover from damage.