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(영문) 대구지방법원 상주지원 2014.04.22 2013고단589

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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 28, 2013, the Defendant: (a) around 18:00, on the ground that, while drinking alcohol together with friendly E at a D restaurant located in Seodaemun-si around 18:00, the Defendant was punished by the victim F (50 years of age) and Si expenses, the victim was licker, which is a dangerous object at the victim’s hysium hysium and the victim’s head was able to identify the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The first police suspect interrogation protocol against F;

1. Application of Acts and subordinate statutes of report on internal investigation (the photographs of the upper part of the body); - F

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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Reasons for the following sentencing):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Criteria for sentencing (determination of types) / Special Injury / Special Bodi Type / [Special Bodily Injury] mitigated element: A person not subject to punishment (a person subject to recommendation area and a sentence of recommendation), the mitigated area of punishment (a person subject to suspension of execution of sentence], one year and six months through six months [a person subject to suspension of execution] major reasons for writing: Where a person committed a crime by carrying a deadly weapon or other dangerous articles with him/her, the principal reason for writing: A person not subject to punishment;

2. Determination of sentence of this case has no record of criminal punishment against the defendant, and the defendant has no record of criminal punishment for the most recent five years or more, the defendant's age, character and conduct, intelligence and environment favorable to the defendant who agreed with the victim, other circumstances favorable to the victim, the relation to the victim, motive, means and consequence of the crime, etc., and the sentencing factors specified in the arguments of this case, such as the circumstances after the crime, shall be sentenced as ordered in the range of the recommended sentencing guidelines.