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(영문) 대구지방법원 안동지원 2013.08.13 2013고단211
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 22, 2013, at around 02:15, the Defendant: (a) at the D cafeteria located in C, the victim E (manam and 50 years old); and (b) at the D cafeteria located in C, the Defendant brought about disputes over drinking alcohol due to drinking age; (c) the head and the head of the victim E; and the head of the victim E; and (d) the head of the victim E; and (e) the head of the victim E; and (e) the head of the victim’s f (n, the 50 years old) who was at the time of a fighting; and (e) the victim F was injured by the victim F, who was at the end of the fighting; (e) the victim’s wife at an open room on the left side of the treatment days; and (e) the victim F, who was at the time of treatment, caused the injury to the victim’s ty, such as the in

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement made by the police of the F;

1. Application of the Acts and subordinate statutes requesting investigation cooperation;

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., that it reflects the fact that it appears to be a contingent crime, that victims do not want to punish a defendant);

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