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(영문) 대구지방법원 서부지원 2014.11.07 2014고단1206
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:30 on June 5, 2014, the Defendant violated the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) sold fake joints to the victim E (the 56 years old), the owner of the said main shop, who drinking alcoholic beverages at the D main points located in Daegu-gu Office C, Daegu-gu, and damaged the goods at approximately 1,500,000 won in total at the market price, such as destroying the two mains and two mains, which are dangerous goods on the table for which the head of the said main office was located, and destroying the 42 persons’ singing type monitor, which are dangerous goods on the table for the head of the said place.

2. The defendant in violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) shall destroy goods within the main points as mentioned in paragraph (1) at the time and place.

On the ground that the victim prevented his/her own act, he/she taken several times, and took a card terminal, which is a dangerous object on the seat of his/her passenger, toward the victim's face, and the victim took the above telephone terminal, which is a dangerous object to report to 112, and got off the victim's head part to report to 112.

As a result, the Defendant inflicted injury on the victim, such as an influoral pelvis, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. An injury diagnosis certificate, diagnosis certificate, and written estimate;

1. Application of Acts and subordinate statutes concerning damaged parts and field photographs submitted by victims;

1. Article 3 (1), Article 2 (1) 1 and 3 of the Punishment of Violences, etc. Act concerning the crime, Articles 2 (1) 1 and 257 (1) and 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that there is no record of punishment for the same crime and that there is a smooth agreement with the victim);

1. Social service order under Article 62-2 of the Criminal Act;

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