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(영문) 대구지방법원 상주지원 2015.09.01 2015고단329

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 June 8, 2015, the Defendant, while drinking alcohol to the victim E (year 53) who had been drinking in C at the time of stay at around 19:05 on June 8, 2015, sought the victim's words "A," and "the victim," refers to "the victim," and "the victim," and "the victim," a cement brick structure, which is a dangerous object, was fleeped in his/her surrounding area, and sustained the victim's left arms as soon as possible so that the victim's treatment period cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury and Special Bodi Bodi Bodily Injury) (1 year and 6 months) (1 year and 2 months)) in the mitigation area (1 year and 1 year and 2 months); (2) in consideration of the fact that the defendant has no record of criminal punishment for the last ten years; and (3) in consideration of the defendant’s age, character and conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence shall be imposed