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(영문) 대구지방법원 경주지원 2013.12.10 2013고단553

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

1. Around March 25, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc. with deadly weapons): around 05:30 on March 25, 2013, the Defendant 207 of the Nam-gu Incheon C Officetel 207 and the victim D (the age of 36) provided an injury to the victim, such as inside and outside the left side of the victim, by taking advantage of an empty baby, which is a dangerous object in a given place, during talking with the male-gu problem with the victim's child-friendly zone, caused the victim to face with the wall by taking the head of the victim's hair, and immediately facing the victim's arms, caused the victim's injury, such as inside and outside the mouth on the left side of about 21 days.

2. The Defendant causing property damage, at the same time and place as in paragraph (1), and while assaulting the victim D, as in paragraph (1), destroyed the part of the amount of cellular phone by cutting the cell phone owned by the victim from the wall and destroying it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An injury diagnosis certificate (D);

1. Application of statutes on photographs of damage;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the degree of damage is not severe, that it is a crime that has committed contingently under the influence of alcohol, that there is a mistake and reflect on the fact that it

1. Social service order under Article 62-2 of the Criminal Act;