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(영문) 대구지방법원 2013.05.23 2013고단2425

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 20, 2013, the Defendant: (a) around 22:58, within the E-cafeteria operated by D in Daegu-gu, Daegu-gu, the Defendant, while drinking the victim F (52 years of age) and alcohol, suffered injury on the part of the victim, on the ground that: (b) the Defendant told the victim that “I will walk on rocks because I would be able to do so because I will do so because I will do so because I would do not do so too much; (c) the Defendant saw the victim’s head at one time; and (d) the victim’s head was flick, which is a dangerous object on the meb, and the victim’s head was able to know about 13 meters of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Application of Acts and subordinate statutes to photographs of victims;

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. The crime of this case committed by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is a favorable condition to the defendant, such as the fact that the crime of this case committed by the defendant for the reason of sentencing under Article 62(1) of the suspended execution has a high risk of inflicting bodily injury upon the victim due to a major illness, and that the defendant repents and reflects the mistake, that the victim does not want the punishment of the defendant by mutual consent with the victim, and that the defendant

In full view of the aforementioned circumstances, the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances revealed in the pleadings of the instant case, including the Defendant’s age, character, conduct, career, and environment, the punishment as ordered shall be determined.