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(영문) 대구지방법원 상주지원 2014.01.07 2013고단305

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

On July 9, 2013, at the Eda operated by the victim D on July 19, 2013, on the ground that the F, an employee of the location of the Defendant, was not considered to have been at the examination of the Defendant at the Eda operated by the victim D at the time of permanent stay, the Defendant sought from the above D, on the ground that the victim G (the age of 36) who was an employee of the Defendant was affected by the conversation, was faced with the victim G, and was collected to the victim G, the dangerous object of the victim D, and continued to be flicked with the victim’s head, and was flicked with the victim G, and then was flicked with the victim G by drinking and the flick.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim G by damaging the 21-day scopic scopic scopic scopic scopic scopic scopic 46,500 won in the market price owned by the victim D, and damaged one scopic scopic scopic scopic scopic scopic s

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and D;

1. A report on internal investigation (nine pages of investigation records);

1. A written diagnosis of injury;

1. Application of the written estimate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that an agreement is reached with the victim of an injury resulting in carrying dangerous articles, the attitude of the act and the degree of damage, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that there is no record of punishment except for two fines concerning gambling in the past ten years);

1. Article 62-2 of the Criminal Act regarding community service order;