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(영문) 대구지방법원 안동지원 2013.10.15 2013고단402
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. At around 21:00 on May 27, 2013, the Defendant: (a) reported that the victim D(57 years of age) who was not free from a flat appraisal in the Cdab located in Ansan-si B was seated next to the victim; (b) caused the victim to sit in the victim’s face, and (c) led the victim to two weeks of treatment when the victim’s face is taken by drinking.

2. Around May 27, 2013, the Defendant violated the Punishment of Violence, etc. Act (collectively weapons, etc.) threatened the victim by stating that “the victim will be dead,” by gathering excessive excess amount of dangerous articles that were at the same time in response to the Defendant’s finding the Defendant at E-cafeteria located in Ansan-si B, Andong-si, F, who is the said D’s son, resisted the Defendant to assault and assault D, and by attacking the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of the police statement law to D;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, Article 257 (1) of the Criminal Act that selects a punishment, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1) of the Criminal Act; Supreme Court Decision 62 (1)

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