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(영문) 전주지방법원 2015.08.27 2013고단2770
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Criminal facts

At around 14:50 on September 25, 2013, the Defendant, while drinking alcohol in F’s house near the store of market distance D (53 years of age) and drinking alcohol on the road located in U-owned Asia-gun, the Defendant, under the influence of alcohol, went against F, while arguing that it would be against F’s own expense, and, under the influence of alcohol, the Defendant saw a part of the victim’s right shoulder, with the part of the victim’s right shoulder, such as the flicking type, and the improvement, which lacks the ability to discern things or make decisions. In addition, the Defendant, under the influence of alcohol, she sawd the victim’s right shoulder, once a part of the part of the victim’s entry, and once a part of the part above the left side of the part of the drinking water, and caused the victim to take the part of the flick in need of approximately two weeks’ treatment.

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

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of an injury diagnosis certificate and statutes governing damaged photographs;

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the crime of this case is committed by a defendant who has experienced symptoms of normal alcohol dependence, depression disorder, etc., in contingent, and the defendant repented his mistake, etc.);

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