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(영문) 대구지방법원 경주지원 2014.10.01 2014고단341
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 14, 2013, the Defendant sentenced six months to imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual Intrusion) at the Daegu District Court on February 14, 2013, and completed the enforcement of the sentence at the Daegu Detention House on May 27, 2013.

On March 20, 2014, the Defendant: (a) around 22:05 on March 20, 2014, around 22:05, at the “Ecafeteria” operated by the Victim D (A, 53 years of age), the Defendant, without any justifiable reason, carried a beer’s disease, which is a dangerous object on the table table, and carried out two parts of the victim’s right head for about 14 days to receive treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Investigation reports (field situations, victims' counter investigation situations, etc.), investigation reports (a copy of first-aid services log of 119 first-aid service workers), copies of emergency medical services logs, investigation reports (verification and attachment of on-site photographs submitted by police officers leaving the police station), six photographs, investigation reports (verification and attachment of examination reports, etc. submitted by victims D), each diagnosis report, investigation reports (verification and attachment of written agreements submitted by suspects), written agreements, investigation reports (written agreements submitted by suspects), agreements, and investigation reports (written statements by F);

1. Previous records: Application of criminal records, etc. and inquiry reports, investigation reports, and 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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The details of the punishment in both Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of a recommendation] are the following: (a) category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Habitual Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (1st and 2th and 6 months); (b) the crime committed during the period of a repeated crime; (c) the crime committed during the period of a repeated crime:

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