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(영문) 대전지방법원 천안지원 2013.08.22 2013고단940
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 16:50 on April 13, 2013, the Defendant: (a) around 16:50, at the E cafeteria located in Asan City (“D market”); (b) while drunkly under the influence of alcohol, the Defendant: (c) was able to distinguish things or make decisions; and (d) was able to control the disturbance from the victim F (the age of 49) who is another customer, while avoiding disturbance, the Defendant her head part of the victim’s body was flick; (d) the victim was able to report 112; and (e) the victim was able to take one time the victim’s hand from the restaurant; (e) the Defendant’s hand-out of the non-flicked thing, which is a dangerous thing, with a view to detecting the victim’s left part of the blick part of the victim’s face one time, and (e) the victim requires approximately two weeks treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. Application of statutes to field photographs, photographs of the victim's injury part, suspect pictures, and written diagnosis of injury;

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 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Sentence of punishment is inevitable in that the method and method of committing the crime under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is very dangerous, and the nature and degree of the injured party’s injury cannot be imposed in light of the degree and degree of the injured party’s injury. However, the same sentence as the sentence is determined in consideration of the fact that the accused led to the confession of the crime and has no record of being punished exceeding the fine, etc.

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