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(영문) 대구지방법원 경주지원 2015.05.13 2015고단97

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

On December 17, 2014, the Defendant: (a) around 03:30 on December 17, 2014, the Defendant collected fire extinguishers, which is a dangerous object that had been at the same time, from the “Enonobya Bank” operated by the victim D (A. 46 years of age), and f, caused injury to the victim, such as cutting down the frame of the floor of the second floor, which requires approximately 6 weeks of treatment, in line with the head part of the victim who was under the wind of F. F.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against the defendant or F;

1. Statement of D police statement;

1. Each written statement of the defendant, F, and G;

1. Application of Acts and subordinate statutes to a report on occurrence [Violation of the Punishment of Violences, etc. Act (injury by Deadly Weapons, etc.), internal investigation report, diagnosis report, investigation report (related to the payment of medical expenses to the victim D of a suspect A), investigation report (Attachment to the F and A), investigation report (Attachment to the summary order); and investigation report (Attachment to

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. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution shall be determined as follows: (a) the basic area (two to four years) of the special injury (person subject to special mitigation) / [a person subject to special mitigation] / The reason for the occurrence of the injury in this case], the reason for the occurrence of the injury in this case, the deposit of the prescribed amount for the victim, the fact that five million won was paid for treatment expenses, the fact that there was no past suspended sentence or higher, and the fact that there was no record of the suspended sentence in the past, and other various sentencing conditions as set forth in Article 51 of the Criminal Act, which can be known through the recording and pleading,