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(영문) 대구지방법원 서부지원 2014.03.17 2014고단72
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

Defendant

On January 5, 2014, at around 22:20, the victim E (the 52 years of age) who drinks together with the D cafeteria located in Daegu-gu, Daegu-gu, had been in a dispute with the victim E (the 52 years of age), and the victim's e-mail was caused by a smaller, which was a dangerous object on the table of the body, and the victim's e-mail could not know about the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

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 defendant asserts that there was a state of mental disability or loss at the time of committing the crime as to the defendant's assertion of suspended execution Article 62 (1) of the Criminal Act (non-guilty victim)

According to the evidence presented to the defendant, even though the fact that the defendant was guilty of a crime as stated in the facts constituting a crime is recognized, it is not deemed that the defendant had the ability to discern things or make decisions under the influence of alcohol, and therefore, the defendant's assertion is without merit.

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