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(영문) 대구지방법원 2015.08.21 2015고단1779

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of 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

At around 22:30 on January 20, 2015, the Defendant: (a) called “D” restaurant in Busan Metropolitan City, along with the victim E (ma, 50 years of age), F, etc., and carried out gambling with the card and lost money; (b) the victim’s daily gambling is making a fraudulent gambling; and (c) the Defendant was able to take money on the floor; and (d) the Defendant was the victim of an empty disease, which is a dangerous object on the table that the victim could not have money to the Defendant; and (e) the Defendant was able to take the part of the victim’s head purification.

In this regard, the defendant put up two-time medical treatment to the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a medical certificate of injury, investigation report (as to attachment of medical records of the first medical examination and treatment), records of the first medical examination, and photographs of the upper medical examination and treatment

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the mitigated area (one and half years to six months), the mitigated area (one year and six months to six months), the penal penalty (including advanced efforts to recover damage), or considerable partial damage is recovered according to the sentencing guidelines;

2. In light of the fact that the determination of sentence is not good, the execution of imprisonment with prison labor is suspended as ordered, taking into account the fact that the sentence is against the nature of the sentence, the suffering of mental illness, the fact that there is no record of punishment for the same kind of crime and no record of punishment heavier than the fine, and that there is an agreement with the victim;