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(영문) 대전지방법원 서산지원 2013.06.13 2012고단938
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 became final and conclusive.

Reasons

Punishment of the crime

At around 23:10 on August 16, 2012, the Defendant, while drinking alcohol together with the victim E (the 40-year old) on the street in the case of Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, was suffering from a beer disease, which was a dangerous object at ordinary times due to the victim's death, and caused the Defendant to inflict a wound with the tear of the left end of which the number of treatment days cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each statute on photographs;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (including the agreement with the victim, the first offense recognized and reflected) or more.

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