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(영문) 대전지방법원 2014.08.14 2014고단1689

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)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 is a disabled person who was judged to be a third degree of self-defence disorder around January 27, 200.

1. At around 14:20 on May 6, 2014, the Defendant: (a) around 14:20, at the Seo-gu Daejeon, Seo-gu, Daejeon, the Defendant: (b) 3rd Down-gu, Seo-gu, Daejeon: (c); (d) 1 time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-only-time-time-time-time-time-time-time-time-time-time-time-time-time-time-of-the-day-year-year-year-year-year-year-year-year-year-old-year-year-year-year-old-type-year-old-style-type-type-type-type-type-type-of-the-day-year-year-long

The Defendant continued to 13 years of age to knee knee fe fee fee fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe

Accordingly, the defendant assaulted victims.

2. Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) committed an assault by a victim I (13 years of age) who once sing out after taking the same date, time, place, E, etc. into drinking and drinking, etc., and used the victim's singing end, which is a dangerous object in possession, toward the victim's face, to fit the victim's side.

As a result, the Defendant inflicted injury on the victim, such as alphal fever, accompanied by an anti-competence of treatment days in the pre-competence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Each statement of E, F, H and G;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) 1 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment with labor);

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 (Taking into account the reflectivity, the first offender, the health conditions of defendants, etc.);