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(영문) 대구지방법원 김천지원 2014.04.10 2013고단1759
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, for the defendant A from the date this judgment became final and conclusive, three years.

Reasons

Punishment of the crime

1. On October 19, 2012, Defendant B: (a) around 23:00 on October 19, 2012, the Defendant, while drinking alcohol together with the victim A (the age of 28) who is a company partner in Gusisi E, and on the ground that the victim’s horse is bad, etc. while drinking alcohol, Defendant B: (b) got off the victim’s head part; (c) got off the victim’s head part; and (d) got off the victim’s head part, which is a dangerous object on the table; and (d) put the victim’s head part for approximately two weeks of treatment.

2. The Defendant collected beer disease, which is a dangerous object on the part of the Defendant, on the ground that the victim B (the age of 26) was her head due to alcohol disease, as stated in paragraph (1) at the time and place of the Defendant’s entry, and collected beer disease, which is a dangerous object on the her face, and cut off the victim’s head one time, taken the victim’s face part due to drinking and growth, taken the victim’s face part due to hair, taken the victim’s face part due to hair and walking the victim’s body, and continued to walk the victim’s body by gathering her head, which is a dangerous object on the her face, and cut the victim’s head part from 2-3 times to her head part, and added the victim’s face, body part, and her body part to drinking, and added the victim’s her face to the her body part, and added the victim’s her face to the 10-day warrant for treatment.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. The suspect interrogation protocol of the police as to B;

1. The police statement concerning G;

1. Investigation report (as to attachment of a suspect B diagnosis report) (as to the defendant B);

1. A’s legal statement;

1. The police statement concerning G;

1. Report (fence) and investigation report (limited to attachment of photographs of the body part of the suspect A);

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of a suspect A diagnostic certificate);

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

1. Discretionary mitigation Defendants: Defendant A under Articles 53 and 55(1)3 of the Criminal Act.

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