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(영문) 대구지방법원 김천지원 2013.05.15 2012고단1159
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 19:10 on October 2, 2012, the Defendant: (a) while drinking alcohol like the victim D (year 41) on the ground that the victim does not drink the alcohol, the Defendant laid the disease in the wall because of rain, and (b) laid down the shoulderer disease, which is a dangerous object, in hand, and laid down the part of the victim’s left-hand side of the victim’s face on one occasion, where the victim cannot know of the treatment period.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statements of each police interrogation protocol against the accused;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to investigation reports (limited to attachment of photographs of damage and failure to report on injury);

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. Elements of mitigation (special-speaked persons) of habitual injury, repeated injury, special injury (special-speaked persons) and special injury (special-speaked persons) for the reason of the sentencing of Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act [Determination of Punishment]: In the area of mitigation of punishment [the scope of the punishment and the recommended punishment], the area of mitigation [the scope of the sentence], one year to June and six months], and two years and six months [whether suspended execution is suspended or not] major illegal grounds: In the event that a person commits a crime carrying dangerous articles, the major reason for pride: There is no contingent crime, nor any criminal conviction of imprisonment with prison labor or more [decision of a sentence], one year

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