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(영문) 대구지방법원 2013.08.21 2013고단4260
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

On July 2, 2013, the Defendant: (a) around 00:50, the victim E (the age of 32) who sing together with the first stud at the Dju shop in Daegu-gu, Daegu-gu, was in the face of the victim of the microphone, which is a dangerous thing for the second singinger to singing through his own singing; and (b) suffered injury to the victim, such as spathy, in need of medical treatment for about 21 days, by taking the dangerous glass cup, which is a dangerous thing, into the left shoulder of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report (attaching photographs of the body of the victim);

1. Application of Acts and subordinate statutes of a report on dispatch to the scene of an injury, and a medical certificate for each injury;

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 (i.e., confession of a crime, reflects the crime, and smoothly agree with the victim, and the victim has no criminal record of a suspended sentence or any heavier punishment);

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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