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(영문) 대구지방법원 경주지원 2013.03.26 2012고단948

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

『2012고단948』 피고인은 2012. 4. 15. 02:20경 경주시 C 지하 1층에 있는 피고인 운영의 ‘D’이라는 상호의 유흥주점에서, 임의로 음향장치를 조작한 문제로 피해자 E(19세)에게 주의를 주던 중 피해자가 대들자 화가 나 발로 피해자의 다리부위를 2회 찼고, 계속하여 피해자가 항의를 하면서 대들자 위 주점 창고에서 위험한 물건인 알루미늄 야구방망이를 가지고 나온 다음 피해자를 위 주점 밖으로 데리고 나가 피해자로 하여금 무릎을 꿇게 한 후 피해자에게 ‘어른이 말을 하면 말을 좀 들어야지’라고 말하면서 야구방망이로 피해자의 머리 부위를 1회 때렸다.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim, such as cerebral sye, requiring treatment for about two weeks.

"2012 Highest 953"

1. The Defendant in violation of the Juvenile Protection Act was a person who operates entertainment taverns under the trade name of “D” on the first floor of the C underground of the racing-si, and was not employed as an employee, despite that he was not employed as an employee, from January 19, 2012.

2. By October, 200, a juvenile F (n, 18 years of age) was employed as an employee.

2. On March 23, 2012, at the main point indicated in Paragraph 1, around 05:13, the injured Defendant: (a) followed the fact that the injured party G (the age of 18) was raped by the Defendant; (b) was attempted to report the Defendant’s rape; (c) was found to have been able to report the Defendant’s lapsing to the police; and (d) was able to carry the flapsing of the victim who was seated, and was flaped, and was flaped by assaulting the victim’s flaps, such as flapsing the victim’s head, flapsing the victim’s head, and flapsing the victim’s head for 14 days.

Summary of Evidence

"2012 Highest 948"

1. Defendant's legal statement;

1. Statement to E by the police;

1. The 2012 Highest 953 of a medical certificate;

1. Partial statement of the defendant;

1. A witness;

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