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(영문) 대구지방법원 경주지원 2014.10.07 2014고단363
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. On January 28, 2014, around 01:29, the Defendant, while drinking alcohol and talking with the victim E (the aged 47) within the “D” point of "D in the Sin-si on the ground that the victim E (the aged 47) would not speak against the Defendant, he/she tried to go to go to go to the Defendant by drinking, but as he/she was in the embankment, he/she was able to go to go to the fluor, who was a dangerous object on the floor, with an empty fluor’s hand and fluor’s dried and left back part.

At the same time, as seen above, the Defendant suffered from the back head of the Victim F (F, 32 years of age) who had been drinking alcoholic beverages on the subsequent tables at the time of protruding, a small-scale disease, which is a dangerous object for the head of E.

As a result, the Defendant carried dangerous objects and inflicted an injury on the back side of the ear, the treatment date of which cannot be known to the above E, and assaulted F.

2. The Defendant: (a) destroyed property, at the same time and place as referred to in the preceding paragraph, the market price owned by the victim G (V, 55 years old) by putting a fixed table table, and damaged the right to a sloping, thereby impairing its utility

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and E;

1. Application of Acts and subordinate statutes to each investigation report (investigative records, face 27 pages, 44 pages);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. The degree of damage under Articles 53 and 55(1)3 of the Criminal Act does not focus on discretionary mitigation and agreed with the victim G, the victim E and F deposited an amount equivalent to the amount for the victim E and F, and the person committed a contingency under the influence of alcohol.

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