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(영문) 대구지방법원 2013.09.27 2013고단4438
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and imprisonment with prison labor for one and half years.

except that from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. At around 19:30 on July 9, 2013, Defendant A listened to the desire of the victim B (the age 41) who was drunkly in a F cafeteria in the Daegu Suwon-gu E, and took a dispute with each other, such as the “chexe” from the victim B (the age 41), and took place outside the restaurant. While fighting with a ebbbbbbbbbb and carried out a ebbb, Defendant A saw it as a kick hand, which is a dangerous object stored in the ebbbbs of his vehicle while fighting took place, and took place one time on the left side of the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On July 9, 2013, at around 19:30, Defendant B, while drunk in front of F cafeteria in Daegu Suwon-gu E, the Defendant, as seen above, went through a breathic dispute with the victim A (the age of 40) and was assaulted by the victim as above, and the breath of the view of the victim was frighted by the victim, and the Defendant was frighted by the victim, and the Defendant was frighted with the damaged part of the breathic net and frighted by the victim at one time.

In this respect, the defendant carried dangerous objects and put up an open wound to the victim from the treatment date.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Statement of opinion;

1. Application of Acts and subordinate statutes of the upper part of the body photograph (A);

1. A of the relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) 2 of the Criminal Act: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the confession of and reflects on the crime, the mutual agreement of the defendants is reached, the fact that the defendants committed any contingent crime under the influence of alcohol, the age, character and conduct, environment, criminal record relationship, etc. of the defendants are considered);

1. Article 62 (1) of the Criminal Act for a suspended sentence (the preceding sentence)

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