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(영문) 대구지방법원 김천지원 2012.12.27 2012고단876
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant A shall be punished by imprisonment with prison labor for one year and six months, and the defendant B by imprisonment for ten months; and

2.Provided, That this judgment has become final and conclusive.

Reasons

Punishment of the crime

1. On April 6, 2012, Defendant A: (a) around 19:00 on April 6, 2012, when the victim B (year 41) and the victim were under drinking alcohol at “E” restaurant located in Kusi-si, Sinsi-si, on the ground that the victim acted without normal lusation, the Defendant collected scams, which are dangerous articles on the table table, and collected scams of the victim, and scams the victim’s scam, and scams the victim’s scam, and scams the victim’s scam and breast part by drinking.

As a result, the defendant carried dangerous things and inflicted bodily injury on the victim for about two weeks of treatment.

2. Defendant B suffered an attack from the victim A (the age of 53) at the time, time, at the place specified in paragraph 1, and at the above time and place, the Defendant inflicted an injury on the victim, i.e., the victim’s face, side gates, etc., such as a cage cage cages, which requires approximately eight weeks of medical treatment.

Summary of Evidence

[Judgment of the court below]

1. The defendant A's partial statement

1. Each legal statement of witness B and F;

1. Report on internal investigation (B injury report and attachment of photograph) and six copies of the diagnosis report and photograph attached thereto, one copy of the diagnosis report (as to diagnosis of injury to a suspect B) and one copy of the diagnosis attached to the investigation report (as to diagnosis of injury to a suspect B), six copies of the photograph attached to the investigation report (as to the investigation of injury to a suspect A), and six copies of the photograph attached thereto

1. Defendant B’s legal statement

1. Legal statement of witness F;

1. suspect interrogation protocol of the prosecution against A and statement of the police;

1. The reference inquiry report;

1. Application of Acts and subordinate statutes, such as four copies of photographs and diagnostic certificates;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act

B. Defendant B: Article 257(1) of the Criminal Act

1. Defendant A subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Suspension of execution;

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