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(영문) 대구지방법원 2014.11.25 2014고단4342

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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

On June 14, 2014, the Defendant, at D parking lots located in Daegu-gu, Daegu-gu, on the ground that the victim E (the age of 52) expressed a desire to do so to the proprietor of a restaurant near the restaurant, the Defendant: (a) took the body fighting with a trial expense attached to the trial expense; (b) taken the victim’s face at four to five times in drinking; (c) taken the victim’s face at the victim’s face; and (d) taken a brick gate (15cm in length, 5cm in width) taken the victim’s face at the treatment date (7cm in length, 20cm in depth) and put the victim into the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to damaged photographs and brick photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reasons for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) of the suspended sentence are divided in depth into the defendant's mistake, and the defendant has agreed to do so smoothly with the victim. The defendant's age, character, conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc. are considered as follows: violent crimes within the sentencing criteria, habitual injury, repeated injury, special injury, type 1, mitigation area, one year and six months of the recommended sentence, and one year and six months of the recommended sentence.