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(영문) 대구지방법원 2014.08.28 2014고단1447

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 18:40 on September 5, 2013, the Defendant: (a) while drinking alcohol at D’s house located in Yongcheon-si, Yongcheon-si; (b) the victim E (the age of 45) who had had a good appraisal of the horses before and after drinking the horses without permission, took a bath, she would not make the horses without permission; (c) and (d) the victim, who was suffering from a chemical accident, she laid off the ma, she laid down the ma by the met of the above D, she laid down the ma, she laid the ma, she laid the ma, she laid the ma, she laid the ma, she laid the ma while carrying the horses at the bar of Yongcheon-si, Yongcheon-si, and she stopped fighting by the met of the above D.

The defendant continued to drink again at the above end of the trial, and laid cement brick (20 cm, 10 cm in length, 6 cm in thickness) which is a dangerous object in the mast because the victim was frighted with the defendant's frighten, and laid down his head once and put about two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning E;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment 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 Criminal Act [the scope of recommendations] of the Act on the Order of Community Service and Order to Attend Education: (a) there is no basic area (2 to 4 years) of the first type (2 to 4 years) of habitual injury, repeated injury, and special injury (2 to 4 years); (b) there is a large number of violence offenses against the accused; and (c) there is a large number of violence offenses against the accused; and (d) the head of the victim is too serious with a brick, which is a dangerous object, even if the accused does not yet agree with the victim, is disadvantageous

However, both the defendant and the victim are under the influence of alcohol, and this case is contingent.