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(영문) 광주지방법원 2013.04.09 2013고단241
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. A violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapon, etc.) and the Punishment of Violences, etc. Act (a collective injury, deadly weapon, etc.) committed on December 18, 2012 by the Defendant, at around 00:30, the Defendant: (a) under the influence of alcohol at the Nam-gu Incheon Metropolitan City Chop on the ground that the victim D (age 25) et al., who was a dangerous object, got injured by the victim; (b) caused the injury on the left-hand side in need of medical treatment for about 14 days on the ground that he/she got injured by the victim D (age 25) who was under the influence of alcohol at the Southern-gu Chop on the ground that he/she got injured by the victim; and (c) caused the injury to the victim’s left-hand side of the victim E (age 24).

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victim D, and assaulted the victim E.

2. The Defendant damaged the property by adding to the above date, one of the 10,000,000, which is the victim’s possession of the market price set up in the ceiling at the same place operated by the victim F, at the above time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act; Article 366 of the Criminal Act;

1. Imprisonment with prison labor for the crime of causing property damage in the option of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2009)

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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