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(영문) 대구지방법원 포항지원 2016.01.27 2015고단1299

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:40 on December 5, 2015, the Defendant: (a) told the victim F (hereinafter “F”), an employee of the main store, who was an employee of the victim of the victim (hereinafter “F,” 39 years of age), to the effect that the Defendant was making a call to the Nam-gu entertainment station D, which is located in the Nam-gu, Nam-gu, Sinpo-gu, without any word, and then called “the time was late;” and (b) caused the victim’s disease to go back to the table, which is a dangerous object, to go back to the table, the victim’s flick part of the victim’s flick, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order was that the defendant, who is a dangerous object, inflicted a wound on the victim's knife. In light of the criminal implements, the illegality of the crime is serious.

However, since the defendant agreed with the victim only smoothly, the victim does not want the punishment of the defendant, the degree of injury of the victim is not much serious, there is no record of punishment exceeding the fine of the defendant, all of the crime of this case is recognized and reflected, and the method and result of the crime of this case, the punishment shall be determined as per the order (the sentencing criteria is based on the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) and this case shall not apply, considering all the factors of sentencing, including the circumstances after the crime of this case, the defendant's age, sexual behavior, family environment, etc.