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(영문) 대구지방법원 2015.09.24 2015고단4072

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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 4, 2015, the Defendant: (a) around 03:55 on September 4, 2015, 2015, the Defendant mixed a daily e and hump around the D restaurant located in Yongcheon-si, and (b) was aware of the victim F (the 23 years of age) who was known next to it, was aware that he was able to take a bath for himself.

The Defendant: (a) fatherbling the victim’s fat and drinking E in and near G fats; and (b) fat, which is a deadly weapon, entered the G fats room; and (c) fatd the part of the victim’s fat, which requires approximately two weeks of treatment to the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, E, F, and I;

1. The police seizure record and the list of seizure;

1. Each investigation report (Attachment to photographs taken at the time of seizure, attachment of seized articles, photographs of matrts worn by the victim, and attachment of photographs of the victim's upper part of the body);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) and the proviso to Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area (1 year and six months to six months), the mitigated area (1 year and six months to six months), the punishment not (including advanced efforts to recover damage), or considerable damage is recovered (1 year and six months), or the crime in this case is a case where the victim's clothes are damaged by the knife, which is a deadly weapon, in light of the method of the crime or the part of the bodily injury, etc.

(b).