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(영문) 대구지방법원 2012.10.09 2011고단4842
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 21, 201, the Defendant: (a) around 22:40 on July 31, 201, at the Daegu East-gu Ccafeteria, the Defendant used hot coffee, which is a dangerous article contained in the single-use World Cup, carried out by his hand on the ground that the victim D (nives, 46 years of age) who is an employee of the said restaurant would restrain the Defendant from taking a restaurant without paying the food value; and (b) applied a picture of up to a week to the victim’s face in which approximately one week medical treatment is required.

In addition, when the victim E(the age of 52) and the victim F(the age of 45) control the defendant, the victim's face was flubed once by selling the defendant, the victim's face was glubly fluced, the head of the victim F was fld once, and the victim's face was fld by drinking, and approximately two weeks of the victim E's face was flced to the victim E, and approximately three weeks of the victim's face was flced to the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and E;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act as to the facts of crime, Articles 2 (1) and 2 (1) 3 of the same Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

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

1. In view of the fact that the reason for sentencing as prescribed by Articles 53 and 55(1)3 of the Criminal Act (hereinafter “Discretionary Mitigation Act”) is grave and the victims were not making any effort to preserve their damage, the punishment cannot be exempted.

In sentencing, the punishment shall be determined as ordered in consideration of various circumstances, such as the fact that there is no criminal record of the same kind, the confession and the fact that the confession is contradictory to the defendant, and the age, family relationship, and circumstances of the crime.

It is so decided as per Disposition for the above reasons.

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