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(영문) 전주지방법원 정읍지원 2014.11.18 2014고단511
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

At around 19:20 on July 29, 2014, the Defendant: (a) while drinking alcohol at a D restaurant located in regular Eup/Myeon-Eup/Myeon-dong, 3 times the back of the victim E (the age of 50) who, without any reason under the influence of alcohol, performed drinking on the side table without any reason; and (b) the Defendant stated that “if the victim was discharged after having been cut off, she would have come to the Defendant, she would have come to the Defendant.” The Defendant stated that “I would have come to the age of her, we would have come to the Defendant.” The Defendant stated that “I would have come to the age of her, so I would have come to the Defendant, she would have come to the front her, after getting off the victim’s face, which is a dangerous thing on the her table, and broken it up once due to such a shoulder, and said the victim’s face part was opened once more than two weeks in the face of the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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 (Consideration to the agreement with the victim, etc.);

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