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(영문) 대구지방법원 상주지원 2013.10.08 2013고단234

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:00 on May 10, 2013, the Defendant: (a) while drinking alcohol together with the victim E (the age of 55) at the D shop located in Seodaemun-si around 18:00, on the ground that the victim took a bath to “A is both fex,” and “A is a schip. fex.”, the Defendant collected the steel stuff, which is a dangerous object in his place, and laid down once the head part of the victim’s head, caused the victim to undergo a throst and sata for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on internal investigation (18 pages);

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

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the degree of injury as an aggressive crime, not heavier than the degree of injury, and considering the fact that an agreement is reached with the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution. (Consideration of the above circumstances and the fact that there is no record of punishment exceeding the fine);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;