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(영문) 대전지방법원 2014.03.20 2014고단474
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On August 18, 2012, the Defendant: (a) around 21:40, the victim D in Sejong-si C, operated by the Defendant at the “E” head; (b) on the ground that, under the influence of alcohol, the Defendant: (c) was unable to have the victim returned home; (d) was able to take the face of the victim on the hand floor; and (e) was a small-scale disease, which is a dangerous thing at that time, the victim’s head was cut one time; and (e) continued to damage the victim’s head at one time on the part of the said small-scale disease; and (e) on the part of the said small-scale disease, the Defendant inflicted two weeks damage on the victim’s head that requires treatment

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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. It shall be decided as above on the grounds of the overall circumstances, such as the crime of the same kind of crime during the period of suspended sentence for sentencing under Articles 53 and 55(1)3 of the Criminal Act, considering the mitigation of discretionary mitigation (the agreement with the victim, the result of damage is relatively minor);

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