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(영문) 전주지방법원 2014.07.24 2014고단1100
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 of the final judgment.

Reasons

Criminal facts

On June 22, 2014, the Defendant: (a) around 15:00 on June 22, 2014, at “D” restaurant located in Seojin-gu, Seojin-gu, Seojin-gu; (b) sent the victim E, who is the former wife, with the awareness of occupation; and (c) after having already calculated the value of occupation, the Defendant calculated the value of occupation to the above E with the concealment of the fact.

After that, the Defendant demanded the above E, who did not have a value of occupation, to calculate the victim F, who is the pet of his female, and let F enter the above restaurant, but the Defendant was able to hear the words “brut” from the above F.

As a result, the Defendant 1: (a) 500cc empty bottles, which are dangerous articles in the vicinity of the Defendant 1; (b) 200cc empty bottles; and (c) 3) 20cc beer’s head of the above F; and (d) 200cc beer’s disease towards F; and (b) 3) 20 times cut the shoulderer’s right shoulder and the right side part of the above E, which are dangerous articles by shouldering other empty beer diseases; and (c) 200cc head of the E, which is over the course.

As a result, the Defendant carried dangerous articles and inflicted injury on E, such as the right dog, the right side, the right side heat, etc., which requires treatment for about three weeks, and the above F inflict injury on the brain-dead sugar, etc. which requires treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding F;

1. Statement to E by the police;

1. Each investigation report and evidential materials attached thereto;

1. Application of the Acts and subordinate statutes of photography, such as each letter of diagnosis of injury, each scene of crime, and part of injury;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the circumstances favorable to the defendant, such as the fact that the defendant made a confession of the crime in this case and reflects in depth the mistake, etc.);

1. Article 62(1) of the Criminal Act provides that the victims shall agree with the victims.

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