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(영문) 대구지방법원 서부지원 2014.02.20 2013고단1555

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

The defendant and the victim C(n, 24 years of age) are related to human relations.

1. On October 28, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) around 06:50 on Oct. 28, 2013, the Defendant heard from the victim about his/her male-child room and talked about his/her talk with the victim about his/her male-child room while drinking together with the victim, and got the victim a scopic disease, which is a dangerous object in his/her place, led him/her to a reduction of the head of the victim’s hair, thereby causing the victim to suffer approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant who destroyed property was accompanied by taking out the LG options mobile phone owned by the victim and leaving the victim’s cell phone at the time and place described in paragraph (1).

Accordingly, the defendant damaged the property equivalent to KRW 990,000 at the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

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. Article 62 (1) of the Criminal Act;