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(영문) 광주지방법원 2014.04.01 2013고단6367
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

[Defendant A] The defendant A shall be punished by imprisonment with prison labor for one year and six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

Reasons

Punishment of the crime

1. At around 00:20 on November 26, 2013, Defendant A, at the Eju shop located in Gwangju-gu, Gwangju-gu, Defendant A, on the ground that, while drinking alcohol together with the behaviors of the victim B, etc. (the victim was 40 years of age) and drinking alcohol, the victim was fluord with the victim during the time of drinking, such as talking with talking with him, and the face part of the victim was fluored by drinking alcohol, and the victim was fluoral disease, which is a dangerous object on the table, one time a part of the victim’s right end part was fluor, and the victim was fluord with the victim’s right end part, and the victim was fluoral part of the Dacan face part, which requires two-day medical treatment.

2. The Defendant B, at the same time and place as above in the above paragraph (1) above, was killed in a loss of the right side part of the face side of the said victim’s right side by asking the victim about two weeks of treatment by drinking from the victim A (40 years of age) and the victim during a trial, and by asking the victim one time at the right side part of the above victim’s right side.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. Statement of the police suspect interrogation protocol against the defendant A;

1. The statement concerning B;

1. Report on occurrence of a crime and report on investigation;

1. A written diagnosis of injury (B) (Defendant B);

1. Defendant B’s legal statement

1. Each statement of the police suspect interrogation protocol against the defendant B and A;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (A);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) B of the Criminal Act: Article 257 (1) of the Criminal Act (elective of Fines)

1. Defendant A subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., conditions of sentencing favorable to the following reasons for sentencing);

1. Defendant B of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A of the community service order: The reason for sentencing under Article 62-2 of the Criminal Act [Defendant A] Defendant A’s crime of this case is a victim B who is under the influence of alcohol.

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