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(영문) 대구지방법원 2014.02.07 2013고단6809

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

Criminal facts

At around 13:30 on June 5, 2013, the Defendant: (a) known that “D” 502 Mourel, which is located in Seoyang-gu, Seoyang-gu, Youngyang-gu, Sinyang-gu, Sinyang-gu, Sinyang-si, E, a female her mother, was living together with the male and female victim F (18 years old) and her mother, was found to have been living together with G; (b) took place several times of the victim as drinking; and (c) took out the victim’s head at a low interest, which is a dangerous thing located therein, one time of the victim’s head, and took approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol of F and E;

1. Damage photographs and on-site 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 (see, e.g., confession of and reflect on a crime, circumstances to consider the circumstances leading to the crime, and the primary charge);

1. Article 62 (1) of the Criminal Act (same to Reasons for discretionary mitigation);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;