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(영문) 대구지방법원 2014.06.20 2014고단1397

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

1. Around 02:50 on February 13, 2014, the Defendant violated the Punishment of Violences, etc. Act (abstinence by collective action, deadly weapons, etc.) committed a violation of the victim E, an employee, who was living together with the Defendant at the D main points located in the Daegu Suwon-gu Suwon-gu, Daegu, on the ground of the completion of the main business hours despite the lapse of the main business hours, and was in a dispute with F, the main place of the said main place of business, and the victim E, a dangerous object, was prevented from the victim, and the victim’s back head E, who was raising the suspect at the place, was able to take care of the victim’s face with the left head, and the victim took care of the victim’s face with about 21 days.

2. The Defendant causing property damage, as seen above, destroyed the victim F’s market price at a size of 150,000 won (Ga 60 cm x street 1m) by breaking one copy of the air conditioning glass (Ga 60 cm x street 1m).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. E statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (1) and Article 366 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object), and Article 366 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing) include the confession of the defendant, the fact that the defendant has committed a crime, and reflects his mistake, the victims and the victim E have agreed smoothly, and there are other circumstances to consider the circumstances of the crime as well as the health conditions, age, character and behavior, character and environment, intelligence and environment, family relationship, motive, means and consequence of the crime, etc. as shown in the arguments of this case, including the circumstances after the crime.