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(영문) 대구지방법원 김천지원 2014.09.04 2014고단17

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 December 17, 2013, the Defendant: (a) around 02:30 on December 17, 2013, the Defendant: (b) viewed the face at the main shop, and told the victim D (the female employee, 33 years of age) who was a female employee of the main shop, to have been aware of the face before the main shop; (c) considered the victim’s face at two times by drinking, she saw the victim’s face as a knick hand, which is a dangerous object on the tables; and (d) taken the victim’s head part at one time.

In the end, the defendant carried dangerous things with the victim's two weeks of treatment, namely, the two sides and face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 수사보고(피혐의자가 범행에 사용한 맥줏병 미압수 경위에 대한), 사진

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

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 (the crime of this case was committed by inflicting bodily injury, such as making the head of a person sick on account of not large number of reasons and making him stuffed in his head, and the nature of the crime is very poor, but it appears to have committed any contingent crime under the influence of alcohol; the degree of injury to the victim is only two weeks prior to the victim during the trial period; the victim and the victim have been smoothly agreed to do so; the crime of this case was committed in addition to each fine due to the same kind of crime of 201; the crime of this case was committed in addition to each fine due to the same crime of 207; the confession of the crime and its depth are against each other); and

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

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;