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(영문) 전주지방법원 2015.01.29 2014고단2310
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

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 November 19, 2014, the Defendant: (a) under the influence of alcohol, performed alcohol with the victim F (50 years of age) who works for steel bars, such as the Defendant, at the construction site of the apartment complex in the Jeonbuk-gun, Jeonbuk-gun; (b) drinking alcohol with the victim F (50 years of age) and G (52 years of age) at the construction site of the apartment complex in the Jeonbuk-gun, Jeonbuk-gun; (c) had the victim F and age problems; and (d) had the victim’s head one time with an empty beer who is a dangerous object on the tables; (d) the victim’s back head one time with the beer’s disease; and (e) the victim’s head at the back head at the time; and (e) the victim’s head at the construction site of the apartment complex in the Jeonbuk-gun, with the victim F and the victim’s head at the construction site of the apartment complex in the Jeonbuk-gun-gun; and (e) the victim’s head at least 14 days after the back part requiring to treat.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and F;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment of a certificate of injury) and a certificate of injury attached thereto;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1. Mitigation of mental illness and injury, respectively, Articles 10 (2) and 55 (1) 3 of the Criminal Act (a person suffering from mental illness and injury due to drinking);

1. Mitigation and mitigation, and Articles 53 and 55 (1) 3 of the Criminal Act (including cases where he/she repents his/her errors in the rear and rear);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. For the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the Defendant is an empty beer’s disease, a shoulderer’s disease, and a shoulderer’s disease, which are dangerous objects of minor vision even though the criminal records have been punished several times.

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