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(영문) 대구지방법원 김천지원 2013.11.20 2013고단1173

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 17:30 on May 18, 2013, the Defendant, while drunkly engaging in a dispute with the victim E (the age of 48) in front of the packing horse near the D store located in Gumi-si, Gumi-si, and the Defendant collected the neck, which is a dangerous object in the victim's clothes, three times as a drinking house, and caused the victim to inflict an injury, such as a non-feascing throst, which requires treatment for about three weeks, by taking the victim's face into consideration once.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. A criminal investigation report (including particulars of receipt of a report, field circumstances, etc.);

1. A medical certificate;

1. Application of field photographs, shotos Acts and subordinate statutes;

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 suspended sentence under Article 62 (1) of the Criminal Act (determination of types): Where the victim is fully responsible for the occurrence of or the expansion of damage from habitual injury, repeated injury, repeated injury, and special injury (special injury): In the event that the victim also has considerable responsibility for the occurrence of or the expansion of damage from the crime, the exemption from punishment [the scope of the recommendation area] special mitigation area, September to February 6] where the victim is also responsible for the occurrence of or the expansion of damage from the crime: Where the victim is also responsible for the occurrence of the crime or the expansion of damage, the general pride reasons for the suspended sentence: There is no contingency, the defendant has been no criminal conviction above the suspended sentence, the age of his/her old, and the status of his/her health [the decision of the suspended sentence] one year and six months, and the suspended sentence two years: In addition to each of the above sentencing factors, it shall be considered that the defendant has been punished ten times by a fine for violent crimes from 1993 to 2012;