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(영문) 대구지방법원 2014.01.17 2013고단6003
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On 10:30 on 28:20 on 10:10 on 28, 2013, the Defendant brought about a dispute with the victim D (year 42) due to supply problems at the construction site of the Daegu Suwon-gu apartment complex, and brought about an injury to the victim, such as a dubal dyke, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to victim photographs, on-site photographs, and written diagnosis of injury;

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 (see the following reasons for sentencing) for discretionary mitigation;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. lies in a serious injury to the head of a body, which is an important part of the victim. Since the risk of the defendant's act, the risk of harm and harm, and the victim's result of the crime is also serious, the responsibility for the crime is very heavy.

Although the defendant deposited KRW 20 million for the victim, he did not receive the letter from the victim.

Such circumstances are disadvantageous to the defendant.

On the other hand, there are favorable circumstances such as the confession of the defendant to commit a crime, the violation of the law, the absence of criminal punishment before criminal punishment, and the deposit of a considerable amount for the victim.

In full view of these circumstances, unfavorable circumstances, and other various factors, the punishment was determined as ordered.

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