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(영문) 대구지방법원 포항지원 2014.12.09 2014고단1162
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

At around 12:50 on September 24, 2014, the Defendant, while drinking alcohol at a “D” restaurant located in Northern-gu, Northern-si C at the port, 2014. On September 24, 2014, the Defendant misleads the victim E (72 years of age) of the neighboring horse as a horse to her horse at the end of the horses that the victim E (52 years of age) would sleep the above restaurant operator without night, and slick the victim’s right side part of the body part of the victim’s flick, which is dangerous for the victim to enter the kitchen, and she sawd the victim as a bar for the victim to take approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. The scope of punishment by law: Imprisonment for not less than one year and six months, and not more than fifteen years;

2. Scope of recommendations for the sentencing guidelines - the range of recommendations for the crime group, habitual injury, repeated injury, special injury and special injury, the area to mitigate types 1 (special injury), imprisonment with prison labor and one year and six months - Suspension of execution: (Unlawful circumstances) in cases of committing a crime with dangerous articles; / In cases of carrying dangerous articles, minor injury, non-conformity of punishment, clear social relationship, contingent crime, serious anti-competence;

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