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(영문) 대구지방법원 2014.12.05 2014고단5428

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

At around 18:20 on September 11, 2014, the Defendant reported that the victim E (the 15-year-old) would change tobacco to the Defendant’s daily f, and that “the victim E would not cause any change in the dried tobacco.” However, the victim E was at the time of the victim’s head and inner part of E with the victim’s hand with the victim’s hand, with the victim’s hand, with the victim’s head and inner part with the victim’s hand, and the victim’s G (the 14-year-old age-) was at the victim’s flick, and the victim’s flick was at the time of the victim’s head as the victim’s disease.

As a result, the defendant added two parts to the victim E, which requires approximately two weeks of medical treatment, and the victim G suffered injury such as open two feees which require medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. A medical certificate;

1. Application of Acts and subordinate statutes to criminal tools and field photographs;

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 and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

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. Crimes No. 1 [in the case of habitual injury, repeated injury, and special injury] for the reason of sentencing under Article 62(1) of the Criminal Act in the suspended sentence, where the mitigated area (including efforts to recover damage), the mitigated area (one year and six months to two years) [special mitigation] for punishment (including serious efforts to recover damage), or considerable partial damage, the crime No. 2 [the scope of recommending punishment] for mitigation area (two months to one year), [including special mitigation] for mitigation area (two months) for mitigation area (two-one year) for punishment (including serious efforts to recover damage), or for considerable partial damage, is restored according to multiple aggravated crimes.