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(영문) 대구지방법원 포항지원 2013.12.11 2013고단1145
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:10 on September 21, 2013, the Defendant: (a) mistakend the victim E (50 years of age) who had previously worked in the same way as “D cafeteria” located in Nam-gu, Nam-gu, Seoul, for the Defendant’s f to her good faith; (b) taken the victim’s head at several times; and (c) put about approximately 15 cm, which is a deadly weapon prepared in advance, on the part of the victim, the Defendant her franked the victim with approximately 5 cm of treatment days, on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations such as the reflection of the defendant and the agreement with the victim);

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

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