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(영문) 대전지방법원 2013.08.16 2013고단2158
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 became final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on May 13, 2013, the Defendant left the victim F (50 years of age) from the fourth floor E of the Seo-gu Daejeon District D Building on the following grounds: (a) the Defendant: (b) left the beer’s disease, which is a dangerous object on the tables, for the reason that South women are her her her her fright, and her fright and left the beer’s her fright and left the beer’s her fright and left the beer’s her f face, and (c) took one time the victim’s h (50 years of age) faces the victim’s her f face and the face of the victim H (50 years of age) who is her fright.

After that, the Defendant destroyed the victim H by deducting from the victim H one bordering (an amount equivalent to KRW 800,000 at the market price) the ownership of which is owned by the Defendant, thereby destroying it.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of partial suspect against the accused by the prosecution (including F and H substitute);

1. Application of each injury diagnosis certificate, receipt Acts and subordinate statutes;

1. The defendant alleged that he/she inflicted an injury on the victims while carrying a shoulder beer's disease, and that he/she did not inflict an injury by carrying it. However, the victim's investigative agency's statement complies with criminal facts, consistent with the victim's statement, consistent with the consistent credibility, and does not seem to have any objective circumstances to suspect credibility. Thus, the above argument is without merit.

Article 366 of the Criminal Code (the point of causing damage to property, the choice of imprisonment)

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 (Discretionary crimes, minor injuries, victims’ penalty not to be imposed, and serious reflects);

1. Suspension of execution under Article 62 (1) of the Criminal Act ( evident social relation, there are circumstances in which punishment of a fine of the same kind before ten years or more and three times other than criminal punishment, and the circumstances to be considered in the course of crimes);

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