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(영문) 대구지방법원 2014.07.11 2014고단2442
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 becomes final and conclusive.

Reasons

Criminal facts

On April 21, 2014, the Defendant, at around 01:00, at the main point of "D" located in Busan City, around 01:0, at around 01:00, the Defendant: (a) brought a dispute with the victim E (19 years of age) and the shoulder; (b) found the victim as a room where the victim was under drinking; (c) brought a fluor’s disease on his customer; and (d) broken the fluor’s disease, which is a dangerous object, brought the victim’s 4-5 times at his hand, and fluened the victim’s fluor’s disease, which is a dangerous object, brought an injury to the right fluor, which requires treatment of the victim for a period of two weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (as to submission of medical certificates);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : (a) minor injury (a) in the mitigation area (1 year and six months to six months) (1 year and six months) of the mitigation area (1 year and six months); (b) minor injury (a) the degree of injury of a victim is not limited; and (c) other circumstances that are conditions for sentencing, such as the defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence of the crime; and (d) the conditions for sentencing, such as circumstances after the crime, shall be determined as ordered.

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