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(영문) 대구지방법원 2014.09.12 2014고단1396
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, under the influence of alcohol, lacks the Defendant’s ability to discern things or make decisions, and around 03:55 December 9, 2013, the need to obtain Daehan located in Daegu Northern-gu C, Daegu, Seoul, around 03:55.

Within the main point, the victim E (the 32 years old and the 32 years old and the 32 years old and the 300 days old and the 2000-year old and the 200-year old and the 200-year old and the 200-year old and the 30-year old and the 20-year old and the 20-year old and the 30-year old and the 20-year old and the 20-year old

Summary of Evidence

1. Each legal statement of the defendant, witness E, F, G, H, and I;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes, such as voluntary reports on conduct, on-site photographs, victim's body photographs, investigation reports (report on the result of execution of a warrant of search and seizure), replies to the execution of a warrant of search, seizure and verification, diagnosis documents, and first diagnosis records in

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. Determination of the defendant and his defense counsel's assertion on the grounds of sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as "the grounds of sentencing"), the defendant and his defense counsel stated that the defendant committed a crime at the prosecutor's office, and the victim voluntarily led to the defendant's injury by carrying a deadly weapon and injury by carrying a deadly weapon at the time of committing the crime in this case, and the victim stated that the defendant was the head of the two-way disease in which the defendant was under the care of the client because he was unable to hold his body while under the influence of alcohol, and that the defendant did not have any intention to commit a crime by carrying a deadly weapon at the time of committing the crime in this case, and that the victim was also the victim's emergency medical treatment immediately after the crime.

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