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(영문) 대구지방법원 서부지원 2015.04.02 2015고단83
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 06:20 on December 20, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) committed assault, etc. on the ground that he/she sawd and returned to himself/herself a entertainment entertainment drinking loan that provided entertainment with a guest act, on the ground that he/she was aware of and returned to himself/herself. However, on the ground that he/she saw the breath of E (25 years of age), who is an employee of the said main shop, fresh the head once by drinking, and fresh the head by drinking, which is a dangerous object installed as a funeral (a 1:1.3 meters in length, 2-3 meters in width, and 2-3 centimeters in width).

The Defendant continued to commit assault to F (23 years of age) who was another employee, such as displaying this stroke to his head, and sulbling and pushing ahead with strokes.

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim E, such as the impairment of salves that need to be treated for about two weeks, and injury on the victim F, such as mercury salt, tensions, etc., which require approximately two weeks of medical treatment.

2. The Defendant damaged the property by making two strings of the victim G-owned strings, the main owner of the said main store, in the same time, at the same place as described in the foregoing paragraph (1), as seen above, with the repair cost of 110,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to each injury diagnosis report and internal investigation report;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") is as follows.

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