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(영문) 대구지방법원 경주지원 2013.12.10 2013고단610
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 July 19, 2013, around 01:50 on July 19, 2013, in front of the administrative agency office of the victim D (the age of 72) operated by the Defendant, the Defendant argued with the son that “I am drunk in the match house because I would like to listen to the horse,” and that “I am under the influence of alcohol from the son, I would like to see the victim’s left head, one time of the dangerous object, so I would like to know the number of days of treatment.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes for medical treatment;

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 (The degree of damage is relatively minor, and the agreement is made smoothly with the victim, the reflection is made, and the age of the defendant is also considered);

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