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(영문) 대구지방법원 포항지원 2014.01.09 2013고단1239
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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. On June 6, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc., with deadly weapons, etc.) (around 02:14, 2013, around 02:14, the Defendant brought the victim’s head at approximately three times with a lid with the victim’s face at one time due to drinking, and the head of the victim was at least 20 centimeters from the body, which is a dangerous article in the place (around 20 centimeters), while having brought about a dispute with the victim E in front of the 'D' located in North Korea-gu, North Korea at one time.

2. The Defendant damaged the property by putting up advertising board, which is equivalent to KRW 70,00,00 in the market price owned by the victim F, the owner of the above “D,” at the time, at the place, and as indicated in paragraph 1, at the time, at the place, and at the same time, at the time, at the time and place, it was sealed by putting up the advertising board, the market price of which is equivalent to KRW 60,000,000 in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of G, H, and E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of suspect's images related to the wife), an investigation report (Attachment of a medical certificate of injury and each of the suspect's respective addresses), an investigation report (a photograph and video CD attachment) (a photograph and video CD attachment);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous objects), and Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Provided, That within the scope of adding up the long-term punishments of two crimes, aggravated concurrent crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations including those agreed with victims);

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

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