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(영문) 대구지방법원 김천지원 2013.07.17 2013고단512
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2013, at around 04:05, the Defendant 2: (a) 04:05, the victim E (the aged 31) who frighted to drink while drinking together with drinking alcohol on the front side of the ebbbbbbbal in the direction of the ebal in which the victim fested to drinking while drinking together; (b) misunderstanding that the victim E (the aged 31) frighted to talk with drinking and fright to talk with drinking, and fright to walk; and (c) misunderstanding that the fright to be fright to be fright, one out of the fright to be frighted adjacent to the drinking house, fright to put the victim’s shoulder into the back part of the fright to walk at one time; (d) fright to get off the fright’s head at one time, which is dangerous from the back part of the ebal.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Each investigation report (in relation to investigations related to treatment of victims E, and attaching a medical certificate for victims as to the details, etc. of prices by the speech and behavior of the business caution and beer of the package race);

1. Photographs of the victim and the case site;

1. Application of Acts and subordinate statutes of the medical certificate (E);

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. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2 of the Criminal Act of the community service order (decision of types): Violence (decision of types): Imprisonment with prison labor for a year and six months, and three years of suspension of execution, where the person committed a crime by carrying dangerous articles: A person who habitually has been injured, has been injured by repeated crimes, has been injured by repeated crimes, has been injured by repeated crimes, has been injured by repeated crimes, special injuries by repeated crimes, and has been injured by special injuries (special injuries): Reduction area [Scope of punishment and recommendations] mitigated areas, one year and six months to six months [whether suspended execution is suspended], and major illegal grounds: A person who committed a crime by carrying dangerous articles: A person who has no criminal record of not less

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