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(영문) 대구지방법원 2016.05.12 2015고단5721

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 12, 2015, the Defendant: (a) was under the influence of alcohol on the alleyway located in Daegu Northern-gu C, Daegu, and was under the influence of alcohol, and (b) the Victim D (23) and the Victim E (22 years old); (c) was under the influence of the Victim D’s head debt; (d) was under the influence of alcohol;

The term "influence," and assaulted the victim, such as cutting the shoulder glass, which is a dangerous object, to the victim, and cutting the victim.

When the Defendant reported the above fact to the police by using a mobile phone owned by the victim E, the Defendant fleded to the alleyway by stating that “the peace of internal movement”, and thereby, the victim D knife the Defendant’s hand knife, and the Defendant h knife the Defendant’s hand knife.

Along with the Majority’s view that “A sounder,” who is a dangerous weapon cited in his hand, puts the Victim D with a view to “Ackin glass, which is a dangerous weapon cited in his hand, e.g., “Accom such as feas, feas, feas, feas,” and that said e.g., “Ackin for the same year,” the victim E was able to put the Victim E’s head debt at his hand and her hand, and the victim E was feased by his hand.

As a result, the Defendant assaulted the victim D with a shoulder glass, which is a dangerous object, and followed the part of the pipe play in need of treatment for about 5 days to the victim E in the event of the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special assault and choice of imprisonment with labor) concerning facts constituting an offense;

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (The favorable circumstances among the reasons for sentencing as set forth below) (The defendant and his defense counsel had been in the state of mental and physical weakness due to polar disorder, etc. at the time of the instant case

The argument is asserted.

According to the records, the defendant's person.