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(영문) 대구지방법원 서부지원 2015.10.06 2015고단1262

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 12:30 on May 29, 2015, the Defendant: (a) was a foreigner of the Republic of Korea, and was enrolled in C University fish branch; (b) around 12:30 on May 29, 2015, the victim E (39 years of age) who was a cohabitant at the alcohol house, was living together with the victim at the victim’s friendly-gu 2 and around the other customers, and had an insulting speech with the victim, such as “hickly, badly, drunk, fluorly, fluorly, fluorly,” while she took a dispute with the victim with the victim, the victim was fluorous at the victim’s fluort at the victim’s school; and (c) the victim’s fluortly fluortly fluort, she wanted to treat the victim, she wanted to do so, she want to do so, and she want to do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to an investigation report (in respect of an injury diagnosis report);

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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, and point agreed with the victim);

1. Article 48 (1) of the Criminal Act of confiscation;