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(영문) 대전지방법원 홍성지원 2014.03.21 2014고단86
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Reasons

Punishment of the crime

On April 10, 2012, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Daejeon District Court on April 10, 2012, and completed the execution of the sentence on December 29, 2013.

1. Around 13:30 on February 5, 2014, the Defendant violated the Punishment of Violences, etc. Act (abs., injury by group, deadly weapons, etc.), and around 74 years old, the Defendant was under the influence of alcohol to the victim under the influence of alcohol at “Dju store” operated by the victim C (hereinafter “Dju store”) in the Chungcheongnam-nam Budget-gun, and was sentenced to imprisonment with prison labor for the victim. When the victim respondeds that he did not have such fact, the Defendant was able to ask the victim, and the victim respondeded that the head of the victim was on one occasion, who is a dangerous object on the above restaurant table, and inflicted an injury on the victim, such as the head covered by the head, open room, etc. requiring approximately two weeks of treatment.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) committed intimidation against the victim by taking the kitchen knife, which is a dangerous thing that had been placed in front of the camping place, as the victim was released from the camping place adjacent to the above main point, at the time, at the time, at the place specified in paragraph (1) of the same Article, and at the place, at the same time, and at the above Paragraph (1) of the same Article.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. Each investigation report (on-site departure status, hearing statements of victims), and place of criminal;

1. One general medical certificate and two integrated records (record of nursing, and past records); and

1. Field photographs, etc.;

1. Previous convictions in judgment: References to criminal records and the application of Acts and subordinate statutes one of the current status of personal identification;

1. Articles 3(1) and 2(1)3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 257(1) of the Criminal Act (the occupation of an injury to carry dangerous articles) and Articles 3(1) and 2(1) of the Punishment of Violences, etc. Act.

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