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(영문) 대구지방법원 2015.04.09 2015고단908

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2014, at around 02:30, the Defendant: (a) opened a singing room in Daegu Jung-gu, Daegu; (b) opened two Doeses, including the victim E, etc.; and (c) opened a singing with two Does, such as the victim E, etc., on the ground that the victim was unable to come to contact properly; (d) left the Defendant’s day-to-day and beer; (b) avoided the disturbance; and (c) avoided the disturbance to the atmosphere; and (d) avoided the victim into the waiting room; (d) according to the victim, the Defendant “Ne is well known that he has come to go well, and if it is not well known that he has come to go well, he would go well; and (d) caused the victim to go back one time with the beer disease, which is a dangerous object at that point, and

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury [Special Mitigation] type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Bodily Injury] (one year to two months), the mitigation area (one year and six months), the punishment is not imposed (including efforts to recover damage), or considerable damage is recovered (the decision of a sentence] the case where the defendant inflicts an injury on the victim due to beer who is a dangerous object, which is highly dangerous: Provided, That the extent of damage is minor, the case where the defendant compensates the victim and agrees with the victim, and the case where the defendant separates and agrees with the victim, and other various circumstances such as the motive, circumstance, means and method of the crime of this case, the situation before and after the crime of this case, the defendant's age, character, experience, environment, etc. shall be determined as the sentence as per Disposition.