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(영문) 대구지방법원 서부지원 2013.11.12 2013고단1176
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 20, 2012, the Defendant was sentenced to three years of suspension of execution on two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., in the Seo-gu District Court Branch of the District Court on December 20, 2012, and the said judgment became final and conclusive on December 28,

On August 25, 2013, around 05:20 on August 25, 2013, the Defendant saw alcoholic beverages within the “D” drinking house located in Seogugu, Daegu, and found the liverer again, and the victim E (the age of 49) was seated on the front of the table, where the Defendant had drinking alcohol.

In this case, this victim's knife with the defect of "Ilk Bloker," the victim's knife with the hand floor, and the victim's knife away from the drinking house, and the escape from the drinking house was turned out of the beer's disease which was accumulated inside the drinking house with the victim's inside the drinking house.

After that time, the victim, who had escaped, collected the beer's disease, which was laid on the table to enter the drinking house, and tried to go back to the table table, and then go back to the table table, the victim saw the beer's disease, which is a dangerous object, and the victim "if you die, she is dead, her only if you die and die."

Therefore, the victim, who gets away from the victim's back and her hand, was scambling at a number of times, and the victim was faced with the wall, which is a dangerous object located on the victim's side of India.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site photographs;

1. Previous convictions in judgment: Criminal records, copies of written judgments, and inquiry of case summary information and the application of statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (a favorable circumstance among the reasons for sentencing below).

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