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(영문) 전주지방법원 군산지원 2014.09.24 2014고단845
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

On June 29, 2014, the Defendant: (a) around 21:10, on the roads of the D restaurant operated by the Defendant located in the Dasan-si, North Korea; (b) on the grounds that the victim E (the 17-year-old-si) entered the said restaurant and had difficulty in getting his employees into a large voice, saying, he was unable to cause disturbance; (c) on the drinking, the victim’s face is 3 times in number; and (d) the dangerous articles in the surrounding area are gird of steel material, four times in number (a total length: about 100cm) the part of the victim’s girth, two times in number, and again, when the victim’s face and body body part are able to undergo about three weeks in number, the Defendant inflicted upon the victim, who was in need of approximately three weeks in number.

In this respect, the defendant carried a steel monst, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the degree of injury is not limited, that the victim deposited 1.5 million won for the victim, that there is no same criminal history, and that there appears a penance);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

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