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(영문) 의정부지방법원 2014.02.14 2013고단3335
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 becomes final and conclusive.

Reasons

Criminal facts

(2013rd group 335) The Defendant, around September 2012, was living together with the victim D(n, 55 years of age) or was living together with the victim on June 2013. The Defendant, on the other hand, was suspected of having been living with the other male.

At around 12:50 on September 29, 2013, the Defendant, within the main point of “F” in the operation of the victim in the Gyeonggi-si, Gyeonggi-do, the Defendant, while drinking together with the victim, had fint with another customer, who was in drinking with the victim, and fint with the victim, “Is away from the victim,” and her fint with the victim, “Is the victim,” and find with the victim, “Is the end of the finson, Is the victim,” hicking the beer’s face, unfolding the beer’s wall, and find the victim’s face, and find the victim’s face, one time again.

As a result, the Defendant carried with a shoulder beer disease, which is a dangerous thing, and inflicted injury on the victim, such as tearing the left buck of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement by the prosecution concerning D;

1. Application of the Acts and subordinate statutes governing bodily harm;

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 (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007)

1. The portion not guilty of suspended execution under Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. The facts charged (2013No3402) on June 9, 2013, the Defendant collected beer’s disease, which is a dangerous object on the customer, on the ground that the injured party C (the injured party aged 51) arbitrarily mard and takes a bath at the F’s main point of “F” located in Macheon-si, Macheon-si, Macheon-si, and Madles the head of the injured party once.

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