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(영문) 대전지방법원 논산지원 2015.03.27 2014고단523
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On May 1, 2012, the Defendant was sentenced to six months of imprisonment due to a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch on May 1, 2012, and completed the execution of the sentence on October 30, 2012.

On August 7, 2014, the Defendant: (a) around 20:0, at the time of Seosan City, at the time of 20:00, on the ground that the victim D(29 years of age) was her desire to drink while drinking alcohol before, and (b) took the face of the victim who was her drinking by drinking alcohol, and (c) took the face and chest of the victim into the left part, and (d) took three times the victim’s head at the time, the Defendant inflicted an injury on the victim, such as the front part of the right side and the 2 heat, which are dangerous things at the bed part of the bed part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of the police suspect interrogation protocol regarding D;

1. Investigation report (Attachment of photographs) of police preparation, descriptions of accompanying photographs and images thereof;

1. Each description that conforms to the part and degree of the injury in the judgment of the police officer, among the commission of preparation of the police and the answers accompanying thereto, the investigation report on preparation of the police (indition hospital reply) and investigation report (indition to D).

1. Previous records of judgment: Application of each Act or subordinate statute to an inquiry report prepared by prosecution assistant military guards (Attachment to the previous records, court rulings, and personal identification and confinement status), criminal records of police preparation, etc.;

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;

2. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

3. The defense counsel on the defense counsel’s assertion under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation asserts that the defendant was in a state of mental disability under the influence of alcohol at the time.

According to the statement of the police interrogation protocol of D, it is recognized that the defendant was drinking at the time, but it is subject to things.

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