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(영문) 대전지방법원 논산지원 2015.04.03 2014고단494
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 18:00 on September 26, 2014, the Defendant inflicted an injury on the victim, such as c, 201 in Seosan-si, where the Defendant resided, and d (39 years of age) and drinking alcohol, on the ground that the victim under the influence of alcohol d (39 years of age) frights the face of the victim several times by drinking, and on the other hand, two times the head head part of the victim, which is a dangerous object at that place, and on the other hand, once the victim’s head part was 30 days of treatment.

2. The Defendant tried to verify the injured party D’s upper condition along with the date, time, place, and E described in paragraph (1). However, under the influence of alcohol, the Defendant arrested approximately three minutes of the injured party by plucking, plucking up, etc., of the injured party’s plucks on the ground that the injured party continued to spawn the injured party’s plucks (Evidence No. 1).

Summary of Evidence

1. Statements made appropriate for the accused in the first protocol of the trial;

1. Statement made to the accused prepared by the prosecutor as to the interrogation protocol of the accused;

1. Each statement made in relation to D prepared by the police, which fit for such statement;

1. Statement prepared by the police in line with the interrogation protocol of E;

1. Any image suitable for the above-mentioned photographs and field photographs;

1. Each description that conforms to the part and degree of the injury described in each written injury diagnosis;

1. Application of Acts and subordinate statutes stating that one piece of evidence (No. 1) of the records of seizure prepared by the police has been seized from the defendant;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of personal arrest and the choice of imprisonment) and Article 276 (1) of the Criminal Act;

2. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes as prescribed by the Punishment of Violences, etc. which are heavier than punishment).

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