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(영문) 대구지방법원 2013.07.25 2013고단1878
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

The Defendant operates a mutually cafeteria called “D” in Daegu Southern-gu C, and the victim E (year 46) operates a mutually cafeteria in Daegu-gu, Seoul-gu.

The defendant was expelled from the G prosperity Association, and the victim who was the general secretary of the above prosperity Association and the expert opinion were not good.

On January 8, 2013, at around 01:24, the Defendant: (a) found drunk in the F cafeteria operated by the victim; (b) brought the victim with his/her plaque; (c) received his/her restraint from the victim; and (d) returned to the said D cafeteria operated by the Defendant.

Since then, on the ground of the fact that the defendant was suffering, the victim's left side is cleeped once, one brick, which is a dangerous object in the above D cafeteria, was collected to the victim, and one brick, which is a dangerous object in the above D cafeteria, was collected from the victim again, and the head part of the victim was unloaded once.

As a result, the defendant used a brick, which is a dangerous object, to inflict bodily injury on the victim, such as stroke, strophy, and cerebral strophy in need of treatment for about seven days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Partial statement (including the E Statement) of the protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement related H;

1. Seizure record and list;

1. A written diagnosis of injury (fore, 53 pages of investigation records);

1. Video CDs;

1. Application of Acts and subordinate statutes to a investigative report (fixtures ofCCTV images after capturing them);

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;

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

1. Article 62 (1) of the Criminal Act;

1. As to the Defendant’s assertion of Article 48(1)1 of the Confiscation Criminal Act, the Defendant asserts that even though he was blicked by the victim, the Defendant did not throw a brick at the victim, or that there was no fact when she was a brick.

The following circumstances, which are acknowledged by the evidence mentioned above, i.e., the victim.

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