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(영문) 수원지방법원 2013.03.29 2012고단4824
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

1. At around 03:00 on July 31, 2012, the Defendant, while drinking alcohol on the street near the D cafeteria located in the wife population C, was in contact with the victim E (the victim aged 22) on the ground that the victim fins the face of the victim three to four times on the ground that the victim fins the tobacco in front of the D cafeteria, the Defendant was on the shore of the part of the victim requiring approximately two weeks medical treatment.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc. with a deadly weapon, etc.), while under the influence of alcohol, had weak ability to discern things or make decisions. On July 31, 2012, around 04:00, at the Defendant’s house located in the area F of the wife population, the Defendant reported the victim’s appearance of drinking together with the victim during drinking on July 31, 2012, when she thought that she was living together with the victim, she was living together with the victim, and her face and body of the victim, which is a dangerous object used for the purpose of cutting down the mast course (32 cm in length). Around July 31, 2012, the Defendant continuously displayed the victim’s face and body by drinking and launching the victim’s body.

Accordingly, the defendant carried dangerous objects and carried them up to the left-hand hand in need of treatment for about two weeks.

Summary of Evidence

1. Legal statement of witness E;

1. A statement of the suspect interrogation protocol of the defendant against the defendant that the defendant has a knife with the victim at the time and place specified in paragraph (2) of the judgment of the defendant, and a statement of the fact that the defendant has taken the face and body of the victim several times due to drinking and birth at the time;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes concerning photographic images;

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) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of injury to carry dangerous articles) of the Criminal Act concerning the crime;

1. A person with a mental disability who is legally mitigated under Article 10(2) and (1), and Article 55(1)3 of the Criminal Act;

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