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(영문) 대구지방법원 2014.04.10 2013고단5710
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

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 June 12, 2013, the Defendant was sentenced to two years and six months of imprisonment due to indecent act by force at the Daegu High Court, and three years of suspended execution, which became final and conclusive on June 20, 2013.

On May 14, 2013, at around 22:30, the Defendant 22:30, around the street in front of the “D” located in the Sinsan-si, Gyeonggi-do, the Defendant, under the influence of alcohol, sheed the victim E (17 years of age) and F (18 years of age) to talk with each other, and she faced with the franchis disease purchased at the surrounding Mt at the bottom, after she faced with the franchis disease purchased at the bottom, she assaulted the frans of the dangerous object against the above victims, and the said victims fat at one time, she fats the face of the said victim F with the escape of the f, she spathing the e-thro of the said victim, and she fated the fat of the victim E by hand, and she fatd the fat of the said victim’s chest by drinking.

As a result, the Defendant assaulted the above victims with a shoulderer disease, which is a dangerous object, and inflicted injury on the victim E, such as a divestrophy, in order to provide approximately two weeks of medical treatment, and the victim F, in order to receive approximately ten days of medical treatment, the Defendant inflicted on the victim F of the above victim, and the victim F, in order to provide the victim F with approximately ten days of medical treatment.

Summary of Evidence

1. Entry of the accused in the first and third trial records; and

1. Statement of witness F in the second protocol of the trial;

1. Police suspect interrogation protocol regarding F;

1. E’s statement among the police interrogation protocol of the accused;

1. Each police statement to F and E;

1. A medical certificate or an injury medical certificate;

1. Previous convictions indicated in judgment: An investigation report (Attachment of a final judgment of a suspect and submission of written opinions on the relevant cases), the previous disposition, and reporting results and application of Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act as to the facts of crime, Articles 2 (1) and 2 (1) 1 of the same Act, Article 260 (1) of the Criminal Act (the occupation of violence to carry dangerous things) and Article 257 (1) of the Criminal Act;

1. The Criminal Act dealing with concurrent crimes;

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