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(영문) 대구지방법원 김천지원 2014.02.06 2013고단1494

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

피고인은 2013. 9. 26. 22:03경 구미시 C에 있는 ‘D’ 식당에서 피고인이 종업원으로 일하는 ‘E’의 운영자들인 피해자 F(여, 44세), 피해자 G(48세)과 함께 술을 마시던 중 평소 피해자들이 피고인에게 소원하게 대하였다는 취지의 불평을 하다가 격분하여, 탁자 위에 있던 위험한 물건인 빈 소주병으로 피해자 F의 입술을 1회 때리고 주먹으로 F의 얼굴을 수회 때린 다음 F의 머리채를 잡아 흔들고 오른쪽 다리를 발로 찼다.

After leaving the victim G above the floor, the Defendant continued to capture the victim G to the floor, and laid the face of G to 5 g with an empty bed, which is a dangerous object on the table, and broken the empty bed with the floor, thereby debrising the shoulder bed with G toward the left hand of G.

As a result, the Defendant carried dangerous objects and carried them to the victim F with about 4 weeks of diversity poppy, and the diversity diversity diversity diversity diversity diversity divers for about 2 weeks to the victim G.

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation report (on-site exit status, etc.);

1. Application of Acts and subordinate statutes to a report on investigation (as to attachment of a medical certificate);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury (Special Convicted Person] - Reductions: Reductions in the area of mitigation [The scope of recommendation range] Reductions [the scope of recommendation range] 1 year and six months to two years [the general person] - Reductions: Instrut reflective reflects [whether suspended sentence is suspended] - Main reasons for entrys of deadly weapons and others.