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(영문) 대구지방법원 2014.12.19 2014고단5360
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

On March 29, 2014, the Defendant: (a) 04:50, at the D restaurant located in Daegu Dong-gu, the Defendant sheeped in the future of the said cafeteria in order to smoke tobacco; (b) the victim G (30 years of age) and snow from the victim G from the end to smoke; and (c) considered the victim G from the victim G to smoke tobacco, and she considered the victim’s hack hack or hack.”

The Defendant, while drunkly engaging in a breactic dispute with the victim G while being drunk, was suffering from a flusent disease, which is a dangerous object on his/her table, and faced with the left shoulder of the victim G, flusing the victim G face one time, and assaulted the victim G face one time by drinking.

계속하여 피고인은 피해자 H(29세)을 양손으로 밀어 넘어뜨린 뒤 그곳 탁자에 있던 위험한 물건인 소주병을 들어 그의 머리 부위를 수 회 내리치고, 식당 의자 위에 쓰러져 있던 피해자 H의 얼굴을 주먹으로 때리고 발로 걷어찼으며, 그곳 탁자 위에 있던 위험한 물건인 빈 맥주병을 들어 피해자 H의 머리를 내리쳤다.

As a result, the Defendant inflicted injury on the victim H, such as brain salvy in need of medical treatment for about two weeks, and inflicted injury on the victim G, such as an unidentified in detail, right-hand salivosis, etc. for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of G and H:

1. Each police statement to F and E;

1. Each written diagnosis;

1. Application of the statutes on the screen of a fighting match with a closure;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Type 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Bodily Injury) of Article 62 (1) of the Criminal Act for the reason of sentencing under Article 62 (1) of the suspended sentence;

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