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(영문) 대구지방법원 의성지원 2013.09.26 2013고단152
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 became final and conclusive.

Reasons

Punishment of the crime

At around 01:30 on April 27, 2013, the Defendant suffered from the victim D(the age of 48) wage and work tools in the area of the victim D(the age of 48) located in the Cheongong-gun, the Defendant suffered from the injury of the victim due to the injury of the victim two times due to the injury of the victim, which is a dangerous object that had been living in the area, during the dispute with the victim. On the hand floor of the loss, the Defendant suffered from the injury of the victim, such as cerebral dys with detailed unknown treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Application of the sentencing guidelines [Determination of types of punishment] In the event that a crime is committed with a deadly weapon or other dangerous articles carrying a deadly weapon or other dangerous articles [main positive factors], a minor injury, a special injury (special injury (special mitigation) (the scope of recommending punishment], a minor mitigation area of punishment [the scope of revised punishment], a special mitigation area of imprisonment from September to February of two years (the scope of revised punishment], a prison term of 1 year and six months to six months (the lowest limit of punishment) [general mitigation] [the main negative factors of suspension of execution], and a crime is committed with a deadly weapon or other dangerous articles (the main positive reasons of suspension of execution of sentence], it is so decided as per Disposition on the grounds of serious half or more of punishment.

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