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(영문) 대전지방법원 2015.10.28 2015고단2428
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

On June 21, 2015, at the defendant's house located in Daejeon Dong-gu, Daejeon, at around 15:15, the defendant stated that "the victim was at the time of drinking while drinking alcohol together with D and D (n', 48 years of age) that "the victim would die in accordance with the wood" while drinking alcohol and having a dispute with the victim, while drinking alcohol, the defendant said that "the victim would die in accordance with the wood" was at the time of drinking alcohol, and said that the victim was at the time of drinking alcohol, while drinking alcohol, he said that "the victim would die in accordance with the wood," the excessive length (the total length of 27 centimeters and 17 centimeters in blade length) in the part of the victim, the victim was at the time of drinking alcohol for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of partial police statements of E;

1. A damaged photograph;

1. A medical certificate;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (D telephone communications);

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. Article 62 (1) of the Criminal Act on the suspended execution (Consideration, agreement, degree of damage, details of partial crimes, etc.);

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

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