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(영문) 대구지방법원 2015.05.07 2015고단996

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 becomes final and conclusive.

Reasons

Punishment of the crime

On January 31, 2015, at around 00:10, the Defendant suffered injury to the victim E (the age of 21) of the Daegu Dong-gu Cloan 101 (hereinafter referred to as the “FF”) in the course of dispute over D and monetary issues, such as an open top of the part of the victim’s title, which requires approximately two weeks of treatment, by knife knife knife, the head of the victim’s knife knife and is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Reports on internal investigation (Attachment of photographs of a victim of seizure, attachment of photographs of a victim, and attachment of a medical certificate of injury);

1. Application of one of the Acts and subordinate statutes to photographs of the upper part of the body;

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;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is not less than the nature of the crime in light of the background, tool and method of the injury in this case. However, the defendant has no record of the same kind of crime, the defendant has been smoothly agreed with the victim, the confession and reflect of the crime in this case, and other various sentencing conditions, including the motive, means and result of the crime in this case, the situation after the crime, the age, character and conduct of the defendant, and family environment, shall be determined as ordered in the same manner as the order.