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(영문) 대전지방법원 홍성지원 2013.11.08 2013고단787

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

At around 23:15 on July 30, 2013, the Defendant, while drinking alcohol together with E, victim F (n, 50 years of age) at the Dhop house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant inflicted injury on the victim by assaulting the victim, such as taking the head of the victim one time by hand, taking a dangerous object on the table, on the ground that the victim took a bath and speaks against himself.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of each police officer made to F and G;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs taken to injure 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 (see, e.g., Supreme Court Decision 2007Da15488, Apr. 2, 2007) (see, 2008Da1448, Apr. 2, 2007)

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., grounds for discretionary mitigation and the fact that the detention of the defendant is likely to cause excessive difficulty to his dependants, etc.);

1. Social service order under Article 62-2 of the Criminal Act;