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(영문) 대전지방법원 서산지원 2013.04.18 2012고단884
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 4, 2012, at around 16:20 on July 4, 2012, the Defendant expressed that the victim D (the age of 51) was “Chewing” during the influence of alcohol, while being given a clear and off appraisal, the Defendant laid down the victim’s face on two occasions with the right eye of the victim’s walk, and laid down the beer’s disease, which is a dangerous object on his/her table, one time on his/her face, and laid down the beer’s body on one hand, and took approximately 21 days off the eye of the victim’s eye and open body around the eye.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

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

1. Suspension of execution shall be decided as above on the grounds of not less than Article 62(1) of the Criminal Act (see, e.g., the agreement with the victim and the recognition of and reflect on the crime);

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