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(영문) 대구지방법원 포항지원 2013.05.23 2012고단1508
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

At around 20:45 on July 12, 2012, the Defendant expressed the victim E (the 54-year-old) who performed alcoholic beverages together with the D restaurant in the north-gu C market at the port, North Korea, and caused the victim’s losses to the victim’s e (the 54-year-old) on the ground that “the victim would not desire to do so so,” and caused the victim’s damages, such as the flacing of the crypt, which is a dangerous object, by unloading the cryc World Cup to the depositor, and the victim’s face cannot be known to the victim at the time of drinking, 5:6 times.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a photograph of damaged part of the victim E);

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do149, Apr. 1,

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the circumstances mentioned in the preceding and the circumstances leading to fighting);

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