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(영문) 대구지방법원 안동지원 2014.06.17 2013고단800
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for not more than ten 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 September 21, 2013, at around 00:33, the Defendant was jointly and severally with C, on the ground that the victim F (32 years of age) would be bad while smoking tobacco with C at the front of the E main store located in D when permanent residence is located in D, and the Defendant left the victim's right-hand part by lush hand once, put the victim into the ground floor, put the head into the ground floor, put the head on the ground side, put the head head on the floor up on the floor when putting the head debt up at one time, put the head on the floor. And C, while intending to get the victim from using it on the floor, she caused the victim to suffer injury, such as double mouths, salkes, and salkes, which require approximately 8 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, and I;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Babbbox Images);

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Act on the Selection of Punishment of Violences, etc., and Article 257 (1) of the Criminal Act;

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 Act [Scope of Recommendation] General In the case where the basic area (including a person subject to special mitigation) (including a serious effort to recover damage) or considerable damage is recovered from the basic area (4 to 1.6 months), the punishment is not imposed (including a serious effort to mitigate damage), or serious injury (decision of sentence] the degree of damage suffered by the victim cannot be deemed to be less vulnerable to the defendant's liability. However, the defendant appears to recognize and reflect his/her mistake, the defendant deposited KRW 10 million for the victim, and the first offender selected a suspension of execution, taking into account all the conditions prescribed in Article 51 of the Criminal Act, such as the fact that the defendant made a deposit of KRW 10 million for the victim, and the fact that the victim was the first offender.

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