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(영문) 대구지방법원 2013.05.31 2013고단1947
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

Criminal facts

At around 00:50 on January 31, 2013, the Defendant, within the “D” restaurant operated by the Defendant located in the Daegu Suwon-gu C, and on the ground that the Victim E (18 years of age) who entered the customer and his behaviors were seriously deprived of and continued to be impraded, even though they were impradedd, the Defendant committed an injury, such as damage to the character of face, which requires approximately three weeks of medical treatment, by putting the victim at the end of the dangerous object, on the ground that the Defendant got the victim, and caused the victim’s injury, such as damage to the character of face, requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs and diagnostic reports on injuries of victims on their upper parts;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., confession of a crime, reflectment, and agreement with the victim);

1. It shall be decided as per the disposition of the suspended execution on the grounds of not less than Article 62 (1) of the Criminal Act (the grounds for discretionary mitigation);

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