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(영문) 대구지방법원 영덕지원 2015.01.28 2014고단176

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 05:50 on August 15, 2014, when the Defendant changed tobacco to the victim at the house of the victim D (the age of 44) located in nutrition C, the Defendant collected stones (the 28.5cm, the 28.5cm, the 37.5cm, the 1.1km, the weight of which is 1.5cm) from the victim, and caused the injury to the brain dys in need of two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of D police statement;

1. Investigation report (related to attachment of a medical certificate) (including a medical certificate on D of the preparation of attached medical doctor E);

1. Application of Acts and subordinate statutes to a report on the arrest of the case, a report on internal investigation (the photograph of the victim's upper part of his/her body), a report on internal investigation (the photograph of the detection of a criminal attempt), and a report on investigation (related to the size of a stone);

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the fact that the victim does not want the punishment of the defendant by agreement with the victim, and that the defendant has repented and reflected the crime late and late);

1. Article 62(1) of the Criminal Act (see, e.g., part of the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One year and six months of imprisonment with prison labor within the scope of the sentencing guidelines for recommendations on the sentencing guidelines; two years and six months (the area of mitigation of special injury and injury (the factors of mitigation: minor injury, agreement with the victim, and aggravated factors) in the sentencing guidelines for violent crimes;

2. Prisoners;

(a) Mitigation elements: Serious half; and

(b) Aggravation: None;

3. Criteria for suspension of execution;

(a) Major positive factors: Insignificant injuries and agreements;

(b) General positive factors: serious reflective, contingent, suspended execution.