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(영문) 대전지방법원 2014.08.13 2014고단1080
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for 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

Defendant,

A. On December 21, 2013, around 00:00, the victim D (Woo, 46 years of age)’s “E” entertainment drinking club No. 6, and the victim’s “hyd dyd dyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd humd hyd hyd hyd hyd hyd hyd hyd hyd

B. On December 21, 2013, around 00:10, the victim F (the age of 50) who was not good for usual appraisal at the above entertainment drinking house No. 6 around 00:10, the victim F (the age of 50) was in contact with the above D and entered the said D, “I am far away from the back of the victim’s head, which is a dangerous object on the table of the table. I am the victim’s head at one time, and then am the victim’s face at one time.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of the F, D, and G;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of the case site and the margin of glass;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the aggravated punishment for concurrent crimes as provided for in the Act on the Punishment of Violences, etc. with heavier Punishment, but it shall be limited to the extent that the maximum term of the punishment prescribed in each crime is aggregated];

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 55(1)3

1. Article 62(1) of the Criminal Act (The following grounds for sentencing and the conditions of sentencing under Article 51 of the Criminal Act are considered).

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