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(영문) 대구지방법원 김천지원 2016.02.18 2015고단1511
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:30 on May 25, 2015, the Defendant, as the victim C (59) and the head of the family-friendly relationship with an elementary school, talked about whether the victimized person was paid in advance of the Yellow City Kimcheon-ro 230 after drinking alcohol together with the victim and other friendships, and led to a dispute with the victim.

The Defendant, while bucking with the victim in a breath and breath, inserted the body of head by drinking with the victim, and added up approximately 90 cm in front of the store where seeds and seedlings are sold in the vicinity. In addition, the Defendant buck up two parts of the victim’s arms and buckbucks.

Then, the defendant gets off with the victim in a balth and balp, and sponsed the victim's face three times in drinking.

As a result, the Defendant carried dangerous articles inserted to the victim, thereby causing injury to the victim, such as the pelvise of the upper left-hand body, the upper left-hand body pelle of the pelvis, and the galoge of the upper left-hand body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to C, D, and E;

1. Investigation report (the F phone statement for the shot person), investigation report (the G statement for the shot person), investigation report (the shot person H statement); and investigation report (the wooden person H statement);

1. A report on investigation (attaching photographs);

1. Application of Acts and subordinate statutes to an investigation report (abstinence, etc. to the I hospital and J hospital);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) shall be punished strictly considering the method of crime, the result of damage, the appraisal of the victim's punishment, etc.; however, it shall be taken into account that after any contingent crime, the victim has committed a crime of death and has made efforts to reach an agreement, and that the victim has shown his/her mistake in the confession of a crime;

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

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