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(영문) 대구지방법원 서부지원 2012.11.01 2012고단991
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On March 23, 2011, the Defendant is a person who was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Seo-gu District Court Branch Branch of the Daegu District Court on March 23, 201, and on the 31st of the same month, who is still under the suspension

【Criminal Facts】

1. On August 30, 2012, the Defendant of the damage to property, at around 01:10, expressed the victim’s desire to take an alcoholic beverage in the E-cafeteria operated by the victim D in Daegu Seo-gu, as “the victim would have gone back to the end of his/her business,” on the ground that “the victim’s “the victim would have come back to the end of his/her business,” and expressed his/her utility on the victim’s ground that “the victim’s “the victim would have come back to the end of his/her business,” she would be 150,000 won per the market value of the victim’s possession, and 2 of the chair equivalent to 20,000 won per market value.”

2. The Defendant, in violation of the Punishment of Violences, etc. Act (an injury by collective action, deadly weapons, etc.) collected the suspected person, who was a dangerous object in a restaurant at the time and place specified in paragraph (1), and attempted to leave the victim D (the age of fifty), while the victim pusheded the body of the victim with the marier, thereby damaging the victim beyond the floor. During that process, the victim was in line with the victim’s right side side side of the sublime, sublime.

As a result, the defendant puts the victim at the right sublime in which the number of days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous objects), and Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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