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(영문) 대구지방법원 2014.09.04 2014고단3238

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:00 on May 23, 2014, the Defendant: (a) placed the head of the Victim E (year 42) in the D cafeteria located in Daegu-gu, Daegu-gu; (b) placed the head of the Victim E (year 42) on a single basis; and (c) placed the victim’s head at around two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Photographs of the upper part of the body;

1. Reports on internal accidents (F statements made by shootings);

1. Application of Acts and subordinate statutes to a criminal report;

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 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. The reason for sentencing in Article 62-2 of the Criminal Act [Scope of Recommendation] The following shall be taken into account: (a) the category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodily Injury), the area of mitigation (one year to two years), the area of mitigation (including a person who has been specially mitigated), the area of punishment not (including a serious effort to recover damage) or the area of considerable damage (the decision of sentence] the defendant has a number of criminal records of multiple violence; (b) the circumstances and characteristics of the instant crime are bad; (c) the fact that the victim has agreed with the victim; and (d) the degree of damage is not much serious