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(영문) 대구지방법원 서부지원 2015.10.30 2015고단1363

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

On August 18, 2015, at around 23:00 on August 23:0, 2015, the Defendant, while engaging in disputes with the victim E (the age of 35) and the workplace-related day in the Dhop restaurant located in the elderly group C, she collected an empty space with the capacity of 500 square meters, which is a dangerous article on the table of the customers, in hand, and caused the Defendant to inflict bodily injury on the victim, such as bral, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation (Attachment of photographs);

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

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 (The degree of injury and the points agreed with the victim, etc.);

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