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(영문) 대구지방법원 2015.04.23 2015고단460

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than two years 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

On September 20, 2014, at around 05:30 on September 20, 2014, the Defendant: (a) reported that the victim F (20 years of age) who was female or female E and the victim F (20 years of age) of the Defendant was expected to drink and drink the above E and drink; (b) taken the victim’s shoulder boom, taken the victim’s face on the floor, taken the victim’s face on the floor, and sustained several back heads of the victim, which is a beer, which is a dangerous object on his/her customer’s back, and sustained injury, such as cutting down the right side boom for six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A photo of the injured party and a photograph of the criminal tools;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (2 to 4 years) (2 to 4 years) of the first category (2 to 3 years) of habitual injury, repeated injury, and special injury (2 to 4 years) (a special person) (a decision of sentence] (a decision of sentence] of the victim’s head as a beer disease, which is dangerous to the defendant, is very high in the price of the victim’s head as well as the victim’s corresponding punishment is needed.

The defendant has a record of being punished by a fine of five million won for the same kind of crime in 2014.

However, the payment of KRW 12.5 million to the victim's side, and the agreement is reached with the father of the victim due to the relationship between the victim's injury, and the defendant is detained for about three months, and the mistake is divided and reflected, and the fact that the defendant commits the crime of this case in contingency is reached shall be considered as favorable circumstances.

In addition, the motive, background, means and methods of the crime of this case, the circumstances before and after the crime, and the age, character, and career of the defendant as shown in the argument of this case.