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(영문) 대구지방법원 서부지원 2013.08.29 2013고단749
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 1, 2012, the Defendant was sentenced to three years of suspension of execution on November 9, 2012, due to a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) in the branch court of the Daegu District Court on November 1, 201, and the said judgment became final and conclusive on November 9, 201

At around 20:50 on April 16, 2013, the Defendant, while under the influence of alcohol, had the ability to discern things or make decisions, had the ability to discern things, and had the victim E (the age of 48) undergo the alcohol in the D cafeteria located in Daegu Seo-gu, Daegu-gu, on the ground that the victim did not have been able to do so. B, the Defendant sustained an injury to which the date of treatment of the victim could not be known, by making the victim’s body part of the head, which is a product dangerous in the table, 4 times the body part of the victim’s body part was cut.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of judgment), and application of Acts and subordinate statutes in one copy of judgment;

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 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. The punishment as ordered shall be determined in consideration of the circumstances, such as the fact that the defendant is the time of committing a crime and repents in the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the degree of injury is not much weighted, the defendant supports the family with disability, and if this judgment becomes final and conclusive, the suspension of execution already sentenced by the defendant is invalidated;

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