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(영문) 대구지방법원 2013.04.26 2011고단5480
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

Criminal facts

At around 12:10 on September 10, 201, the Defendant, while drinking three alcohols, including the victim D (year 41) in Daegu Dong-gu, Daegu-gu, about 301, the Defendant called “the Defendant, while drinking alcohol,” the victim “at the end, going about, and working at, the horse,” and boomed the victim’s head by gathering an empty beer disease, which is a dangerous object on the room floor, at the same time, cut off one stop of the victim’s head by gathering the beer’s head. Then, the Defendant left the head room once on the part of another empty beer disease.

As a result, the Defendant got two weeks of treatment to the victim, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical 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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession, reflective, contingent crimes, and agreed with the victim);

1. It shall be decided as per the disposition of the suspended execution on the grounds of not less than Article 62 (1) of the Criminal Act (the grounds for discretionary mitigation);

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