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(영문) 대구지방법원 경주지원 2014.10.23 2014고단60
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

Around 03:00 on December 28, 2013, the Defendant: (a) left a car driven by the victim E (33 years of age) without any reason in the influence of alcohol before Dart in the racing of the Defendant, without any reason, and (b) caused the victim to get off the car and play “dle,” and (c) caused the victim’s head by gathering a stone at a level of about 7c meters in diameter, which is a dangerous thing in the surrounding area, while taking the victim’s desire to “probs and bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit.” (a) caused the victim’s bodily injury to the victim, which requires treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to a investigative report and an investigative report (report on confirmation of the scale of a stone);

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the degree of injury is not much severe, that is a crime committed by an drunk and contingent crime, that the defendant deposited a certain amount for the victim, that the defendant did not have any previous record of a fine, that is erroneous and contradictory to the fact that the defendant made a mistake, and that the defendant's age, growth environment, etc. are considered);

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

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

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