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(영문) 청주지방법원 충주지원 2013.05.03 2012고단1202
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

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 06:10 on December 3, 2012, the Defendant violated the Punishment of Violences, etc. Act (collective assaulting with a deadly weapon, etc.) found D with the alcohol on the main points of “E” operated by Da in Chungcheongnam-si, Chungcheongnam-si, with a view to: (a) “E” with a drinking value after drinking the drinking value to D; and (b) with a view to: (c) with a view to: (a) with a view to: (a) with a view to: (a) with a view to: (a) with a view to: (a) with a view to: (b) with a view to: (a) with a view to: (b) with a view to: (c) with a view to: (d) with a view to: (d) with the influence of alcohol on the main points of “E”; (b) with the influence of alcohol from the victim F (27) who was under the influence of alcohol on the main points of the said “E”; and (b) with the victim’s 2 to take the victim’s face by drinking of 3 to the victim.

2. Violation of the Punishment of Violence, etc. Act (a collective injury by a deadly weapon, etc.) committed a violation of paragraph (1) at the time, place under paragraph (1), and on the ground that the victim D (the age of 52) was said to be the victim at the time of F, the part of the back part of the victim was taken once by drinking, and the victim was placed on the right shoulder section in need of approximately two weeks of medical treatment due to the network value, which is a subsequent dangerous object, once.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused and F;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as net photographs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act concerning the punishment of a deadly weapon;

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

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

1. Suspension of execution;

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