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(영문) 대구지방법원 김천지원 2015.09.09 2015고단598

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

The defendant and the victim C(57 years of age) are friendship relationships.

On April 19, 2015, the Defendant: (a) around 02:00, at the E restaurant located in Kimcheon-si, Kimcheon-si, decided that the victim would promptly find employment with the Defendant; (b) beer disease, which is a dangerous thing, the victim’s head part was 3 cm by the number of treatment days in which the two parts are teared.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. Application of Acts and subordinate statutes to each investigation report [including telephone investigation into the details of damage to the victim to the other party, and the attachment to the medical record area (including the attached medical record area);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 201; Supreme Court Decision 2009Da1448, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);