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(영문) 대구지방법원 포항지원 2015.04.30 2015고단37

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two 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 December 23, 2014, at around 21:30 on December 23, 2014, the Defendant: (a) while drinking alcohol with the victim E (the 49-year old-old) who is a social vessel; (b) while drinking alcohol with the victim, the victim took a bath to another vessel under the influence of alcohol, etc., the Defendant stated that “her drinking is so much; (c)” to the victim, “her drinking alcohol; (d) he/she met with the victim’s breath; and (e) he/she was bread with the victim’s breath, which is an empty disease, which is a dangerous object on the tables, the victim’s head was cut one time, and caused injury to the victim, such as the head and the breath of the breath of the breath of the sexual bla

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a medical certificate), report on internal investigation (Attachment to a photograph of the body of the 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] Habitual Injury, Habitual Bodi Bodily Injury, and Special Bodily Injury (Habitual Injury, Bodily Injury, Bodily Injury) is mitigated area (one year and six months of imprisonment or two years and six months of imprisonment) [Special Mitigation] / Where the victim has considerable responsibility for the occurrence of a crime or the expansion of damage, or where the victim is not subject to punishment (including efforts to recover damage) or considerable damage is recovered / Where the crime of this case is serious injury [Pronouncement Decision] / Where the head of the victim was 6 weeks due to an empty major disease, and the method of committing the crime is highly dangerous, and the defendant is highly likely to commit a crime; three times a sentence and two times a suspended sentence as a crime related to violence; and there are many records of punishment as well as many kinds of crimes.

However, the defendant has agreed on the victim.