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(영문) 대구지방법원 포항지원 2013.11.27 2013고단1115
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 August 16, 2013, around 17:05, the Defendant: (a) heard the Defendant’s desire, and (b) lided the victim’s head in front of the 'D restaurant located in Nam-gu, Nam-gu, Nam-gu, Seoul (58 years of age)’; (c) lided the victim’s head in front of the said restaurant at the time of the Defendant’s livers, and lided the victim’s head, then the victim kids the head by liding the head in good hand; and (d) inflicted an injury on the victim, such as cutting the aggregate of the 5-day water surface on the right side, which requires approximately 6 weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations such as the reflection of the defendant and the agreement with the victim);

1. Social service order under Article 62-2 of the Criminal Act;

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