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(영문) 대구지방법원 안동지원 2013.07.23 2013고단204
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:30 on April 4, 2013, the Defendant, while drinking alcohol together with the victim E (son and 28 years of age) in the Dju shop located in Ansan-si C, was in conflict with each other due to the drinking value problem, and the Defendant, on the ground that the victim makes a speech without her brucation, and caused the injury of the victim’s head in the treatment days by having the head of the brut, which is a dangerous object on the brue, the victim’s head at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of the police protocol of statement to F;

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. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 62 (1) of the Criminal Act (i.e., the fact that the defendant had drinking at the time of the crime in this case, and the fact that it appears to be a contingent crime) of the Act on the Suspension of Execution. Thus, according to the records, the defendant and his defense counsel's assertion that the defendant had a state of mental disorder under the influence of alcohol at the time of the crime in this case. Thus, the defendant and his defense counsel's assertion are not accepted, since they cannot be viewed that

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