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(영문) 대전지방법원 서산지원 2014.01.16 2013고단55
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

피고인은 2012. 11. 10. 23:05경 충남 당진시 C건물 2층 D 주점 앞 계단에서 마주오던 피해자 E(19세), 피해자 F(19세)과 눈이 마주쳤다는 이유로 피해자들의 앞을 가로막고 “뭘 보냐”라고 말하며 오른쪽 손바닥으로 피해자 E의 왼쪽 뺨을 3대 때리고, 계단 옆에 있던 빈 소주병을 오른손으로 잡고 피해자 E의 왼쪽 머리 부위를 1회 쳤다.

After that, the Defendant was 5 times with her hands away from the victim F's left side, and her part of the victim F's left side by an empty bed with an empty bedle disease once, and the victim G (21 years old) who is working in the victim E and the victim F, “hing to the her seat if the East is erroneous” means “hing to the her seat,” and “hing to the her seat, if the East is erroneous,” and the empty bed to the her hand, she was hing to the right side of the victim G by an empty bed one time.

As a result, the Defendant, carrying with the victim F and the victim G by assaulting the victim F and the victim E, and caused injury to the victim E by an unknown brain in detail for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Each photograph;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act concerning a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act (the fact that the injured party has agreed with the injured party, the fact that the injured party has not been previous and is against the mistake through confinement life) or more;

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