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(영문) 대전지방법원 공주지원 2013.08.09 2013고단113
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 became final and conclusive.

Reasons

Punishment of the crime

At around 15:45 on March 2, 2013, the Defendant, while drinking alcoholic beverages together with the victim E (61 years of age) and F, was in the public restaurant located in public city C, and the Defendant, who was under the influence of alcohol, took a bath to the victim of the breath, who was under the influence of alcohol, and the victim was released from the beer and brea disease in the air conditioners where the breath of the breath in the air conditioners, and laid the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the fla

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

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 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. The defendant and his defense counsel asserts that the defendant and his defense counsel had a state of mental disability under the influence of alcohol at the time of committing the crime.

According to the records of this case, even though the defendant was in a state of drinking at the time of committing the crime, it cannot be seen that the defendant had reached a state of mental suffering from mental suffering. Therefore, the above assertion is rejected.

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