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(영문) 대전지방법원 서산지원 2013.07.18 2013고단138
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 9, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) found the victim E (the age of 47) who transferred the above main points to the Defendant as he/she did not know that the above main points are drinking alcohol, and suffered injury, such as brain salvy, etc., which requires medical treatment for about 15 days, on the part of the victim, due to the beer's disease, which is a dangerous object on the table of the table.

2. The Defendant damaged the mobile phone apparatus owned by the victim who was unable to know the market price due to the defective victim F, who was the victim of the above E, who saw the Defendant at the time, at the same time, and at the same place as the mentioned in the preceding paragraph, was laid off from the victim of the defect in order to report it to the police with the mobile phone with the cellular phone, and damaged it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The statement of each police officer made to F and G;

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

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the punishment of crimes;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that victims are not subject to punishment and the fact that they are against the crime);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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