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(영문) 대구지방법원 서부지원 2015.03.26 2014고단1920

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one and half 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 March 16, 2014, at around 11:29, the Defendant, while drinking alcohol at a D restaurant located in Seogugu, Seo-gu, Seo-gu, had the following alcohol to F, a driver of the victim E (the age of 26) of the victim E (the age of 26). The Defendant inflicted an injury on the victim, i.e., the victim’s left eye, and caused an injury on the victim, i.e., the victim, who was a dangerous object on the table, while having a dispute with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of each medical certificate and each investigation report (specific Acts and subordinate statutes as to the degree of injury of a victim);

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, which is favorable to the reasons for suspended execution (hereinafter referred to as the following grounds for sentencing):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a dangerous element, and the defendant's liability is unsatisfy, but the defendant confessions the crime and reflects the depth of the defendant, and the victim paid 5 million won as part of the damage compensation from the crime of this case as part of the damage compensation amount due to the crime of this case. The defendant's age, character and behavior, environment, motive and circumstance of the crime, relationship with the victim, circumstances after the crime, etc. shall be considered as favorable to the defendant. In addition, the punishment of this case shall be determined as ordered by taking into account all the conditions of the punishment as shown in the records and arguments of this case