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(영문) 대구지방법원 2014.07.25 2014고단2441

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 20, 2014, around 13:30 on March 20, 2014, the Defendant requested the victim of the D(65 years old) in Daegu-gu Seoul-gu "Ematet", but the victim refused to do so, and the victim was faced with the cans and coffees of alinium materials, which are dangerous goods, toward the face of the victim, and led the victim to an open position to view that the treatment for about one week is required.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (Attachment of a medical certificate);

1. Application of Acts and subordinate statutes to each internal investigation report (as to whether or not seizure is made on the criminal arrest and coffee cans, and attaching photographs on 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution shall be determined as the Disposition, taking into account all the circumstances that form the conditions for sentencing, such as the following: (a) minor injury [determination of sentence] the mitigation area (one year and six months to six months); (b) the victim’s injury is minor; (c) the victim’s injury is minor; (d) there is no history of crime beyond the fine; and (e) the defendant’s age, character and behavior, environment, motive or circumstance of the crime, means and consequence of the crime; and (e) the following circumstances.