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(영문) 대전지방법원 2013.10.23 2013고단2708
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

At around 03:40 on February 22, 2012, the Defendant sought to pay 50,000 won out of the sum of 62,00 won, such as the value of good and drinking, to the victim D (E) with the first floor of Seo-gu Daejeon, Seo-gu, Daejeon, at around 02:00, while drinking until that day with the victim as a guest, the victim and the above main point of drinking until that day, as well as the F (F) operating the said main point as a Dong business, attempted to pay the victim's complaint against the refusal of the defendant's request. The victim demanded that the victim make a further demand to pay KRW 12,00,000 to the police, “I will do so if you die, I will do so, I will not do so by leaving the victim's face, and the victim's body is 4 times the victim's body, and the victim's body and the victim's body, who did not have any danger, continued to put the victim's face into the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Each police statement made to F and D;

1. Two copies of the medical certificate of injury;

1. Field, victim photographs, etc.;

1. Application of Acts and subordinate statutes on investigation reports (CCTV analysis);

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. Although it was possible to have a criminal record due to violence on the grounds of sentencing for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds), the crime of this case is committed by the defendant during the suspended period of execution due to the same kind of crime, the victim is punished, while the defendant deposited 2 million won for the victim, the defendant's age, character, conduct, criminal record relationship, and other facts.

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