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(영문) 대전지방법원 홍성지원 2013.06.11 2012고단1080
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 23:00 on July 14, 2012, the Defendant violated the Punishment of Violence, etc. Act (a collective injury by a deadly weapon, etc.) caused the victim F (math, 44 years old) who was under the influence of alcohol at the tepenta, which was operated by D in Ulleung-gun C, and the victim was under the influence of alcohol, and the victim was under the influence of alcohol, and was under the influence of alcohol and the victim was under the influence of alcohol, and was under the influence of alcohol and the victim was under the influence of alcohol, which is a dangerous object in the test ( approximately 60cm in length, about 40cm in width, about 40cm in width), and was under the influence of two weeks in accordance with the back head.

2. 재물손괴 피고인은 위 제1항 기재 일시 및 장소에서 위 제1항 기재와 같이 F을 향하여 고기구이용 불판을 던지면서 그곳에 있던 피해자 D 소유의 시가 합계 70만 원 상당의 플라스틱 테이블 7개 및 플라스틱 의자 35개를 창문에 집어던져 위 테이블 및 의자가 부서지게 함과 동시에 유리창(50cm×130cm) 7개를 수리비 42만 원이 들도록 손괴하고, 방충망용 샷시 2개를 수리비 20만 원이 들도록, 방충망 4개를 수리비 16만 원이 들도록 손괴하고, 이어서 그곳에 있던 집기 등을 집어던져 깨뜨려 손괴하였다.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of the F, D, and G;

1. A written diagnosis (F) and written estimate;

1. Application of Acts and subordinate statutes to investigation reports (D telephone communications);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous objects), and Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. The fact that the defendant is led to confession and reflects by the defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and each of the crimes of this case is contingent upon the defendant's verbal dispute with the victim F while under the influence of alcohol.

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