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(영문) 대구지방법원 2013.09.06 2013고단4749
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 became final and conclusive.

Reasons

Criminal facts

On July 22, 2013, the Defendant: (a) 22.00, when returning home in which it is impossible to know the trade name in Daegu Northern-gu C, the Defendant reported the Defendant-friendly victim D (the age of 61) who was drinking together with other people while staying home in front of the Supermarket, and caused damage to the victim’s head and other head parts in need of treatment for about 14 days.

Accordingly, the defendant carried dangerous objects and inflicted bodily injury upon the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., confession of a crime, reflect, and show it as an contingent crime, and agreement with the victim);

1. It shall be decided as per the disposition of the suspended execution on the grounds of not less than Article 62 (1) of the Criminal Act (the grounds for discretionary mitigation);

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