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(영문) 대전지방법원 2013.05.24 2012고단1887
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 February 29, 2012, around 01:30, the Defendant drinking alcohol with the victim E (the age of 49) within the "Dju" located in Daejeon Seo-gu Daejeon Pungdong C. On the ground that the Defendant spawns the victim's drinking to F, the Defendant was assaulted by the victim during a dispute, and the Defendant was spawned by the victim. On the other hand, on the other hand, the Defendant spawned the victim's head and spawned three times with a dangerous object in the display stand, and led the victim to two open measures that require approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the police interrogation protocol of the defendant

1. Each police statement of E, G, and H;

1. Each investigation report (I's statement and attachment of medical record paper);

1. Medical certificates and opinions;

1. Application of each statute on photographs;

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. The crime of this case in the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is deemed to inflict bodily injury on the victim as dangerous things. The crime of this case is heavy, and the defendant is sentenced to the crime of this case without being able to do so despite the fact that there had already been several times of punishment. However, although the defendant asserts some of the facts charged, it is time for the defendant to bring bodily injury to the victim with dangerous things, and there is misunderstanding of mistake. The crime of this case was occurred in the process of dispute between the defendant and the victim of drinking alcohol together with the victim. The defendant deposited KRW 70,000 for the victim, and other various factors of sentencing as shown in the argument of this case, such as age, character and behavior, health conditions, intelligence and environment, motive, means and consequence of the crime, etc., shall be determined by comprehensively taking into account the following factors of sentencing as ordered in the argument of this case.

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