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(영문) 의정부지방법원 2013.08.28 2013고단1542
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 11, 2013, the Defendant, while under the influence of alcohol, had weak ability to distinguish things or make decisions due to a yellow disorder, found the camping net (a tree length: approximately 80 cm) on the front of the “D” restaurant located in the Mac-si, Macro on April 11, 2013, and without any reason, she saw the victim E (the age of 51) (the age of 51) where she was driving away from the Mac-si, and tried to see the camping net.

Therefore, the victim frightened, and the defendant, who frighten, frightened, frightened the victim, and frightened the victim, and frightened the view.

From 19:30 to 19:50 on the same day, the Defendant came to a parking lot of the F building in Gyeonggi-si Government, and the escape victim had a view to the victim's left head once, and the victim's left head was displayed once, the victim's bucks part was 1 time, and the part of the victim's bucks, etc. was 1 time.

As a result, the Defendant, using the camping net, which is a dangerous object, inflicted an injury on the victim, such as cerebral alky in detail, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including substitution of the suspect);

1. Statement to E by the police;

1. Photographs records and written diagnosis of injury;

1. Investigation report (case, etc. on reporter G Statements);

1. Application of 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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the degree of injury of the victim and the fact that the victim does not want the punishment of the defendant);

1. Article 62 (1) of the Criminal Act on the suspended execution.

1. Probation under Article 62-2 of the Criminal Act;

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