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(영문) 대구지방법원 경주지원 2018.08.30 2018재고단2 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 5, 2013, the Defendant had worked on the construction site at the time when he/she was in racing C on August 5, 2013.

D The victim E (46) and alcohol, which are on-site fellows, have been faced with the victim's disease due to the disregarding himself/herself while engaging in a dispute with each other, and the victim has been faced with the victim's disease.

As a result, the defendant used dangerous things to inflict damage on the victim's inner part in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the E police statement;

1. A written diagnosis of injury;

1. Application of six on-site photographs in Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) of the Act on the Mitigation of Small Quantity is deemed to have inflicted an injury on the victim by fife with the face of the victim due to a fife disease under the influence of alcohol by the defendant.

In addition to this case, there is a number of records of punishment for the same kind of crime.

A long-term escape was made without going through the investigation and trial due to the instant crime.

Provided, That confession and reflect shall be made.

Under the influence of alcohol, there have been a contingent crime against the victim.

In light of the criminal records, etc. of the defendant, the defendant does not appear to have intentionally failed to attend the investigation agency and court with the intention of avoiding high punishment after the case.

In agreement with the victim, the injured person shall not be punished for the defendant.

The sentence shall be determined as per Disposition in consideration of all the sentencing conditions specified in Article 51 of the Criminal Act, which are shown in the records.