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(영문) 대구지방법원 2014.09.19 2014고합182

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Criminal facts

Defendant

In addition, the applicant for medical treatment and custody (hereinafter referred to as the "defendants") has the ability to receive hospital treatment due to the early illness after high school graduation from March 29, 2014 to March 29, 2014, the applicant for medical treatment and custody (hereinafter referred to as the "defendants") is hospitalized with the same illness in the Matern Hospital located in the Matern-dong, Daegu North Korea from March 29, 2014 to the present

On March 19, 2014, at around 22:40, the Defendant, at around 22:40, had the head of the victim E (n, 49 years of age) who is taking meals together with the eating of the kitchen, which is a dangerous thing in the D restaurant located in Daegu North-gu C, Daegu, with the kitchen (16.5cm length, No. 1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Police seizure records;

1. Application of Acts and subordinate statutes to internal investigation reports (including attachment of a victim's diagnosis report), each investigation report (including attachment documents), and CCTV photographs in cafeterias;

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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 consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the range of recommending punishment] special injury (the range of recommending punishment] and the area of special mitigation (the period of nine months to two years) (the period of imprisonment with prison labor) (the period of two months and six months) and minor injury, mental or physical disability (the person in question shall not be responsible).

3. Determination of sentence: Imprisonment with prison labor for one year, and with respect to the crime of this case for two years of suspended execution, the head of the victim, who served in the kitchen, which is a dangerous object, together with his/her eating in the restaurant, has inflicted a bodily injury on him/her at one time and the risk of committing the crime.