(영문) 대구지방법원 2014.05.29 2014고단306

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(영문) 대구지방법원 2014.05.29 2014고단306

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 13, 2013, around 17:00, the Defendant: (a) requested the victim C (the 19-year-old age-old) to breathize the disturbance in Daegu Jin-gu, and (b) required him to do so; (c) and (d) stated that the Defendant “it shall include the lurging lurgs in the lurgs of the lurgs,” and “it shall include the lurgs in the lurgs of the lurgs of the lurgs.” On November 13, 2013, 17:00, the Defendant injected the victim’s lurgs with a golf lurg, which is a dangerous object possessed by the Defendant, so that the victim may not flee; and (d) placed the victim with a golf lurgs in the same Daegu bus terminal.

As a result, the Defendant inflicted injury on the victim, such as salt, tensions, etc. in the cryp of the cryp that requires treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. As to the Defendant’s assertion under Article 48(1)1 of the Confiscation Criminal Act, the Defendant alleged that there was no breathous statement at the time of the instant accident, and there was no breathous statement on golf loans or on the part of the victim, but there was no injury to the victim. However, the circumstances acknowledged by each of the above evidence, i.e., the victim C has consistently stated the situation at the time of the accident at the investigation agency and this court, i.e., the fact that the victim C has consistently stated the facts of the damage; D police officers called at that time also made a statement consistent with C’s statement and substitution in this court; while the Defendant was under the influence of alcohol at the time of

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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