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(영문) 대구지방법원 안동지원 2014.08.22 2014고단289
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 19, 2014, at around 21:00, the Defendant: (a) made the victim’s face knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

그 후 피고인이 위 모텔 옆 쉼터를 지나다가 피해자에 의해 폭행을 당하게 되자 이에 격분하여 차량 안에 있던 위험한 물건인 라쳇핸들(일명 깔깔이, 길이 40cm, 지름 5cm)를 가져와 위 라쳇핸들로 피해자의 얼굴과 옆구리를 각 1회 때렸다.

Therefore, the defendant suffered the injury of the victim, such as a cuple bup at the left-hand 28 days of medical treatment, a bup at home, and a bup at home.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as a written injury diagnosis, investigation report (Attachment of a photograph of the criminal implements);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury [Special Mitigation] mitigation area (1 year and six months to two years] (1 year and six months), punishment is not imposed (including serious efforts to recover damage), or considerable damage is recovered (the decision of sentence] where the defendant carried dangerous articles with the victim, and the victim suffered bodily injury, and the degree of the injury suffered by the victim cannot be deemed to be somewhat minor, but the defendant's liability cannot be deemed to be imposed on the victim because the degree of the injury suffered by the victim is not too minor. However, the Criminal Act, such as the fact that the defendant shows a attitude to recognize his/her mistake and reflect it, that the defendant agreed with the victim only, that there is no criminal history higher than imprisonment without prison labor or heavier.

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