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(영문) 대전지방법원 서산지원 2013.03.07 2012고단617
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 13, 2012, the Defendant violated the Punishment of Violences, etc. Act (injury by group, deadly weapons, etc.) (hereinafter “E”), around 21:40 on May 13, 2012, at the main point of “E” operated by the Victim D (F (F, 43 years of age) and the victim F (F, 43 years of age) in the course of drinking alcohol together with his/her fluor and fluor, on the ground that he/she became a fluor and fluor, carried a fluor of a fluor, which is a dangerous object on the table, and carried a fluor of a beer’s head on the table.

On the other hand, the Defendant continued to gather beer disease, which is a dangerous thing on the tables, from DNA, on one occasion on the left side of D.

As a result, the Defendant inflicted injury on F with approximately three weeks of medical treatment on F, and inflicted injury on D, such as a chest cryp, cryp, and tension that requires approximately two weeks of medical treatment on D.

2. The Defendant damaged property: (a) laid down posts, beer, beer, glass residues, etc. on the tables in F on the ground that the work and vision of F came to fall under F at the same time and place as the above paragraph; and (b) laid down posts, beer, beer, glass residues, etc. inside the stations of E, operated by the victim D, and laid down rings, etc. inside the stations and tables.

As a result, the Defendant damaged the interior facilities of E located in the market value of KRW 1,018,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. Each report on investigation;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act;

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. The fact that a suspended execution agreement is reached with the victims under Article 62(1) of the Criminal Act, and that the crime is recognized and against it.

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