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(영문) 전주지방법원 정읍지원 2013.04.23 2013고단76

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not more than ten 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

Around 01:10 on February 4, 2013, the Defendant, while drinking the victim E (year 48) and drinking at the “D” entertainment tavern located in Jung-gu, Jung-gu, Jung-si, the Defendant left the head of the victim on one occasion on the ground that the victim neglected himself/herself, which was a dangerous object on the table, and led the victim to a brain spathy and an autopsy that require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of relevant photographs and investigation reports (related to attachment of diagnostic contents to the victim E) Acts and subordinate statutes;

1. Article 3 (1) 1 and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and the Selection of Punishment of Violences, etc., and 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., confession of and reflect on a crime, and taking into account an agreement with the victim);

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

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