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(영문) 대구지방법원 2013.06.27 2013고단3269

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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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

1. On February 9, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) led to a male and female who had driven the E-car volume from the alleyway adjacent to the D main points in Daegu-gu, Daegu-gu, and whose name cannot be known.

The Defendant cited a gate, which is a dangerous object in custody between the two vehicles, and caused the victim F(25 years of age) to go through the gate of the head of the victim F(25 years of age) one time after she she was placed in the middle of the said car, and caused the decline, which was far away from the front of the said F, to the degree of the right hand, etc., in which the victim’s number of treatment days cannot be identified.

Accordingly, the defendant carried a dangerous object, and inflicted an injury on the victim.

2. In the date, time, place, as mentioned in the above Paragraph 1 above, the injured Defendant inflicted injury on the victim G (24 years of age) by drinking her horses at a time when the victim G (24 years of age) went on the part of the victim for about 20 days in order for the victim to receive approximately 20 days medical treatment.

In this respect, the defendant injured the victim when he got the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and F;

1. Seizure records;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Suspension of execution (the fact that there is no criminal record other than the fine imposed to the defendant due to drinking driving, the defendant led to a confession and reflects the crime of this case, and the crime of this case was caused by contingent and not much severe damage to the victims and agreed with the victims).