logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2013.05.14 2012고단1095
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 16:50 on July 19, 2012, the Defendant told the victim E (age 49) prior to leaving a restaurant in Seo-gu Dju located in Seo-gu, Daegu, that he did not accept it, and the Defendant collected one beer disease, which is a dangerous object on the table, and caused the victim's left-hand head once once, and then caused the victim's injury, such as cerebral le, which had no head open in need of two weeks of treatment.

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

Summary of Evidence

1. Legal statement of witness F;

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses E in the second protocol of the trial;

1. Statements made by witnesses G in the fourth trial records;

1. Part concerning E statement in the police interrogation protocol of the accused;

1. Statement of the police statement of E;

1. Report on internal investigation (in relation to search and investigation), report on internal investigation (in the case, field, statement of a person concerned), report on internal investigation (in the case, on the number of police officers present at the site), and report on internal investigation (in the case of A speech and behavior of a suspect);

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

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. Determination as to the Defendant’s assertion of suspended sentence under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2001

1. The defendant's floor of his/her assertion that she has been placed at one time on the left-hand side of the victim;

However, there is no fact of assaulting the victim's head due to beer's disease, such as in the facts charged.

2. However, the judgment is based on the following circumstances acknowledged by the evidence as above, i.e., a police officer dispatched to the scene of the instant case from the Defendant.

arrow