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(영문) 대구지방법원 경주지원 2013.04.03 2013고단138

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

Around 00:40 on January 9, 2013, the Defendant: (a) while drinking alcohol at C alcohol house in the racing on the side of the Defendant: (b) was flickly flicked, and was flicked by the victim D (the age of 40) who flicked the alcohol; (c) on the ground that he did not listen to it; (d) was flicker, which is a dangerous object, the Defendant flicked the face of the victim once; and (d) was flick for about 14 days on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. The crimes of this case, which are set forth in Article 62(1) of the Criminal Act, are crimes of this case under the suspension of execution, with dangerous articles carried by the defendant, causing bodily injury to the victim.

However, it is so decided as per Disposition by taking into account all the circumstances, such as the defendant's mistake, the defendant's deposit of KRW 3 million for the victim, the defendant's age, character and conduct, the motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., which are the sentencing conditions specified in the argument of this case.

The Institute of Jind Co., Ltd.