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(영문) 대구지방법원 포항지원 2014.10.15 2014고단740

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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 02:50 on April 3, 2014, the Defendant: (a) performed drinking together with F and lost 50,000 won in cash from the “EE main store operated by the victim D (n, 64 years of age) in Nam-gu C at port; (b) on the ground that the Defendant treated the Defendant as the Defendant as the Defendant “n't her clothes”, and on the ground that the Defendant treated the Defendant as the Defendant as the Doard, the Defendant her head, the body and the left part of the Victim’s head, and the beer’s hand.

As a result, the defendant carried dangerous objects with the victim about two weeks of treatment, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to report on investigation (in relation to the photographing of the victim's standing and site condition photographs);

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. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no basic area (two to four years) (two or more years) of the type (two or more years) of habitual injury, repeated injury, and special injury] (a person who has a special appearance] [decision of sentence], the number of crimes or the form of crimes is inferior and highly dangerous, the victim does not reach an agreement with the victim, and the degree of the victim does not focus on the degree of injury; the same power is not limited to one fine (eight or more years prior to a fine); the fact that the victim has no record of punishment exceeding the fine within the last ten years; the fact that the victim has committed any contingent crime by misunderstanding of the victim; the fact that the victim has deposited KRW 500,000 as the victim as the victim; the fact that the victim deposited the defendant's age, character and behavior, the circumstances of the crime, the means and consequence of the crime after the crime; and all the circumstantial factors revealed in oral arguments, etc.