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(영문) 대구지방법원 2013.04.18 2012고단7692
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 of the final judgment.

Reasons

Punishment of the crime

On June 5, 2012, around 04:0, the Defendant divided the victim E (the age of 45) residing in adjoining area E (the age of 45) and talks and talks with the Defendant, without any reason, at all times under the influence of alcohol, he saw the victim as a beer and beer with beer’s head, and then the Defendant divided one hand into a shoulder bottle, which is an object dangerous to the other hand, with a view to saving the victim’s neck and saving the victim’s neck.

As a result, the defendant carried dangerous objects and carried them about two weeks of treatment, which requires two-time treatment.

Summary of Evidence

1. The legal statement of the witness E, the written diagnosis (75 pages of the investigation record), the upper part of the body photograph;

1. Application of Acts and subordinate statutes to a report on investigation (general), a report on an investigation (a search, etc. of witnesses around the field), and a report on an investigation (a counter investigation of police officers visiting the site);

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 mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Social Service Order Criminal Act

1. The defendant asserts that he did not have any flag the part of the victim's gale with the gale view of the victim's gale, and that he suffered from the victim's disease the skin of this part due to beer disease, and he was faced with the tearing part of this part.

2. The following facts and circumstances revealed by each evidence of the judgment, i.e., the victim reported to the police on the day of the instant case to the police and the police officer stated that F, the wife of the defendant, would compensate the victim's tear clothes, and the police officer again reported that the victim, who would return to the police officer, was injured by the defendant again, and the police officer again reported that the victim was injured by the defendant again at the site of the instant case.

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