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(영문) 대구지방법원 2014.02.06 2013고단6808
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

Punishment of the crime

1. On November 5, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) around 22:00, at 3 studs located in Daegu Dong-gu, Daegu-gu, Daegu-gu, about 22:00, the Defendant saw that the victim, while drinking alcohol together with the victim E, she was sent to studs at studio, when the victim’s face was cleeped in drinking, and she got off to the victim’s face on drinking, and she put about approximately two weeks of treatment on the right wuds.

2. The Defendant damaged property by means of the aforementioned date, time, place, and at the above time and place, the victim F-owned glass cups, microphones, and gramcons, etc. were collected from the victim E during the dispute with E, and damaged KRW 85,000 in micro, gramcon repair cost, and shock laundry cost of KRW 150,000 in shock.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement concerning F;

1. On-site photographs;

1. A medical treatment statement;

1. Application of the receipt statute

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that it is highly dangerous for the defendant to inflict bodily injury by getting the head of the victim's glass cup, which is dangerous goods. However, there is a high risk of the defendant to commit the crime. However, the defendant's mistake is divided and reflected, the victim and the victim appear to have committed the crime of this case in a contingent manner, and the victims have not want to be punished by agreement with the victims. The motive, circumstance, means and method of the crime of this case, the situation before and after the crime, and other circumstances revealed in the arguments of this case.

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