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(영문) 대구지방법원 김천지원 2014.04.03 2013고단1642

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

At around 15:00 on September 29, 2013, the Defendant: (a) while drinking alcohol together with the Victim E (29 years of age) at the Dju shop located in Gumi-si, Gumi-si; (b) the Defendant was under the influence of the Defendant, while drinking alcohol, at the Dju shop where the Defendant had been working as an employee before he was on drinking alcohol, the Defendant called “one person who believed to live in the world,” and (c) while drunk, the Defendant was under the influence of the Defendant, “I am deadly, I do not have any person who believed to live in the world, I do so,” while she was fluencing at the bottom of the Dju shop located in Gumi-si, Sinsi-si, and applied the shoulder glass view, which is a dangerous object, to her hand, and the Defendant escaped out of the affected, and accordingly, the Defendant saw the above glass angle on one occasion from the front line of the week and sold the right part one time to the port.

As a result, the defendant carried dangerous things with the victim and inflicted injury on the victim, such as heat, arms, etc. in need of treatment for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes for diagnosis and investigation reporting;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the first offender, the point agreed with the victim, the confession of and reflect on the crime, other factors such as age, character and conduct of the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act regarding community service order;