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(영문) 대구지방법원 안동지원 2013.10.31 2013고단556
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On August 16, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective weapons, deadly weapons, etc., damage, etc.) in the Daegu District Court’s Ansan Branch, and completed the execution of the sentence on February 14, 2011.

The defendant came to know with the victim C(53 years of age) while working in the same service office (D) for about two years before the victim C(53 years of age).

On 23:10 on 21, 2013, the Defendant: (a) discovered the victim who sits in the same restaurant with the same restaurant while drinking alcohol at the F restaurant located in Ansan-si; and (b) without any reason, took a bath to “this beer, dead, and dead,” which is included in a half of the beer.

Therefore, the Defendant: (a) caused the beer’s disease, which is a dangerous thing cited in his hand, toward the victim; and (b) caused the beer’s disease to debris, and the day of the shouldered glass to the left elbow of the victim, and caused the tear of 5 centimeters.

As a result, the defendant used a beer disease, which is a dangerous thing, to inflict an injury on the victim around the left side of the state in need of treatment for one week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (to take photographs of the state of damage and to submit a diagnosis report on the C injury of a victim);

1. Previous records: Application of criminal records, etc. and investigation reports, and Acts and subordinate statutes;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the reason for sentencing”) was that the defendant committed the same crime during the period of repeated crime, and even though the nature of the crime was poor, the victim did not completely recover from damage.

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