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(영문) 대구지방법원 포항지원 2013.09.26 2013고단675
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 3, 2013, the Defendant violated the Punishment of Violences, etc. (Bodily Injury by Group or Deadly Weapons, etc.) against Victim C: (a) around 21:40 on the ground that the Victim C and the Victim took a bath to the Defendant, and (b) caused the Victim C to take a bath to the Defendant, thereby getting off the victim’s back to the beer’s back to the beer, thereby making it impossible to identify the number of days of treatment for the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant violated the Punishment of Violences, etc. (Bodily Injury by Group, Deadly Injury, etc.) against the Victim F, at the same time, and at the same place as the above paragraph 1, for the same reasons as the above paragraph 1, and as a result, the Victim F, who tried to make a calculation of alcohol at the main point, was taking a fluoral disease toward the victim F, thereby making the fluoral disease so as to fit the victim’s head, thereby making the victim’s head to undergo approximately two weeks medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and C;

1. Investigation report (as to the attachment of a victim C medical certificate)

1. A written diagnosis of injury;

1. The application of the Acts and subordinate statutes attached to beer and beer used for committing crimes, and photographs of damaged parts;

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, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account matters agreed with the victim C);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 50,000 won in cash for the victimF)

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