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(영문) 대구지방법원 김천지원 2014.03.26 2013고단1700

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

Punishment of the crime

At around 02:20 on March 2, 2013, the Defendant: (a) reported that the victim E (the aged 31) was at the front of the D cafeteria located in the Gu-Si, Gu-Si, on the ground that the Defendant and the driver’s work of the Defendant would damage the said vehicle while disputing the cambling of the vehicle, and collected the wall, which is a dangerous object from the cambing, and caused the Defendant to inflict an injury on the victim, such as an open top room, where there is no two open places in need of two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

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. Reasons for the sentencing of Article 62(1) of the Criminal Act [Determination of Punishment] for the crime of habitual injury, repeated injury, special injury by repeated injury, repeated offense, and special injury (special injury): In a case where the victim is fully responsible for the occurrence of or the expansion of damage to the victim, the court shall determine the punishment as the order, in consideration of the following factors: (a) in a case where the victim is also liable for the occurrence of or the expansion of damage to the victim: (b) a special mitigation area; (c) a case where the victim commits a crime by carrying dangerous articles: (d) a case where the victim is fully responsible for the occurrence of or the expansion of damage to the victim; (d) a case where the victim is also responsible for the victim’s occurrence of or damage to the victim; (e) a case where the victim is not subject to punishment; (e) a case where the victim is fully responsible for the victim’s occurrence of or damage to the victim; (e)