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(영문) 대구지방법원 경주지원 2013.06.18 2013고단232
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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 March 1, 2013, the Defendant, at around 00:10 on March 1, 2013, caused the victim E(34 years of age) to fighting with F, which is a dangerous object in front of a restaurant (39cm, 19.5cm in length, 14.5cm in thickness) and inflicted injury on the victim, such as cerebrum, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes of a medical certificate;

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;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that the victim has agreed smoothly with him/her, the fact that it is against him/her, the circumstances of the crime in this case, and the relationship with the victim

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