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(영문) 대구지방법원 안동지원 2014.07.11 2013고단777

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

At around 01:15 on November 12, 2013, the Defendant: (a) intending to drink at the D’s main point located in the permanent residence C, and (b) sought the statement that he would not take a bath from the victim E (the age of 41), and (c) her face part of the victim’s breast part of the victim’s breast part at about 10 times with a single and multiple hand, and (d) her female fright to face the victim’s breast part of the victim’s breast part of the victim’s chest at about 10 times; (e) her female fright to the victim’s fright to the victim’s fright to the victim’s fright to prevent the fright to the victim’s fright to the victim’s fright (the age of 45).

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of injury done by carrying dangerous articles) of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered favorable circumstances among the reasons for the punishment in prison);

1. The reason for the suspended sentence under Article 62 (1) of the Criminal Act (including a person who has been specially mitigated), the scope of the final sentence according to the majority aggravated punishment in cases where the damage has been recovered from the mitigated area (including a serious effort to recover damage), the mitigated area (two to one year), the mitigated area (including a person who has been specially mitigated), the mitigated area (including a serious effort to recover damage), or a considerable partial damage) of the mitigated area (including a special mitigation), the mitigated area (including a serious effort to recover damage), the mitigated area (one and half years to six months), the mitigated area (including a special mitigation), the mitigated area (including a serious effort to recover damage), the mitigated area (including a person who has been committed), the mitigated area of punishment (including a serious effort to recover damage), or the mitigated area of damage (including a person who has been committed for a special mitigation), the final sentencing scope according to the aggravated punishment pursuant to the majority aggravated punishment: one year and six months (one year to three years) in light of the attitude of the act of injury.