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(영문) 대구지방법원 2012.10.26 2012고단4822

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for one year.

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

On July 5, 2012, the Defendant: (a) around 21:30 on July 21, 2012, while drinking alcohol with the victim D (year 51) and the victim E (year 52) and the victim E (age 52), and without any justifiable reason, she took one time breath of the left part of the victim D; (b) when she breath of the victim E who said assault, she breath of the face, and she breath of the face, she suffered injury to the victim D in need of approximately two weeks of treatment; and (c) around two weeks of treatment to the victim E, she suffered injury, such as a breath and the inner part, which require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D (including the EM statement);

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The possession of a deadly weapon: Articles 3 (1) 1 and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act;

(b) The point of injury: Article 257 (1) of the Criminal Act;

1. Article 10 (2) and (1) and Article 55 (1) 3 (Discretionary Mitigation) of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., confession of and reflect on an offense, and considering the fact that there exists no record of criminal punishment for the last ten years);

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;