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(영문) 전주지방법원 정읍지원 2013.04.18 2013고단54
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

On January 5, 2013, around 22:13, the Defendant: (a) reported that the victim E (year 41) drinks with the above C within the main place of Dong-Eup, Dong-gu operated by the Defendant, one living together with C, and (b) caused the victim’s illness, which is a dangerous object on the table of the above main place, and (c) went through two times the victim’s head.

In order for the victim to defend himself, the defendant laid down the spath hand and spath of the victim's spath, etc., which is a dangerous object in the air conditioning, and caused injury to the victim, such as cerebral spathy, etc., requiring treatment for about two weeks by adding the head of the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of related 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the fact that the crime was committed in an ex officio, the degree of damage is not severe, and the fact that an agreement has been reached with the victim);

1. Article 62 (1) of the Criminal Act, which provides for suspension of execution (resumed normal consideration);

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

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