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(영문) 대구지방법원 2013.05.09 2012고단8757
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 becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2012, the Defendant: (a) around 01:00, around 01:00, at the Daegu Dong-gu Cju store, rhympid the victim D (the age of 32) and rhymd the head of the victim on the ground that the victim met himself; (b) hyming the beer disease on the table, which is a dangerous object; and (c) string the beer disease, one time to the victim; (d) hyming the face of the victim by drinking, and (e) hyming the victim’s chest part of the chest, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and E;

1. Statement made by the prosecution concerning D;

1. Statement of D police statement;

1. A complaint filed in D;

1. A copy of a medical certificate of injury or medical examination and treatment;

1. The defendant and his defense counsel in the determination of the victim's assertion of recording, the defendant and his defense counsel alleged that the defendant assaulted the victim by drinking and drinking, but they did not put the shoulderer disease to the victim. However, the victim consistently stated from the investigative agency to this court that the defendant was faced with the shoulderer disease by the defendant, and the witness E showed that the defendant took the shoulderer disease at the time of assaulting the victim, and later, there was a be a beer room for the victim's arms at the time of assaulting the victim. In light of the fact that the written diagnosis of the victim's injury is also written in the victim's arms, the defendant's and defense counsel's assertion cannot be accepted since the defendant sufficiently recognizes the fact that the victim was faced with the beer disease at the time of committing the crime of this case.

Application of Statutes

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. An agreement is reached with the victim under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;

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