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(영문) 대구지방법원 김천지원 2014.08.20 2014고단122
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 January 31, 2014, at around 22:15, the Defendant, while drinking alcohol together with the victim E (the age of 25) at the D restaurant located in the Gumi-si, Si, Gumi-si, the Defendant: (a) got off the back of the victim’s head, and got off the part of the victim’s head, which is a dangerous object in the table of the consignee, and caused injury to the victim, such as the two parts, the heat, etc., which require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on the part of bodily injury and criminal implements photographs;

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. Article 62 (1) of the Criminal Act;

1. In light of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the method of crime, the risk of means, and the fact that the victim is not an agreement with the victim, Defendant’s liability is not less

However, considering the fact that the victim is responsible for the occurrence of a crime, the fact that the crime is contingent, the degree of damage is not significant, the circumstances favorable to the fact that the victim has no criminal records of the same kind or suspension of execution or higher, the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment according to the sentencing guidelines [the scope of the special mitigation ( September to February), the special mitigation area ( September to June), the special mitigation area: the victim: the minor injury, the victim is responsible for the occurrence of a crime or the expansion of damage even to the victim], and all other circumstances, such as the defendant's age, character, conduct and environment, etc.

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