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(영문) 대구지방법원 김천지원 2014.06.19 2014고단390
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 July 5, 2013, at least 05:00, the Defendant demanded the victim E (the 29-year-old) (the main store) who is the main store located in Gumi-si, Gumi-si, to change the Domi number several times, and the Domi in order to prevent the Domi from entering the Defendant room, and the Domi in order to say that “the Domi is bitb.” The Defendant left the part of the victim’s left head by using plastic ice three times, and caused the injury that the victim’s left head, which is a dangerous object, can not be seen as the days of treatment, by putting the victim’s left face and hand on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of investigation reports (as to the attachment of photographs of the victim E) and photographic Acts and subordinate statutes;

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 (i.e., the motive for committing a crime or the fact that the content of a crime is extremely poor, the same kind of power is not considerable, etc. However, the crime is deemed to have been committed in a drunken state, but the victim seems to have committed an contingent crime under the influence of alcohol, and the victim is able to take into account the fact that he/she was able to take the front place of the crime, confession, and reflects his/her depth, and after 207, he/she seems to have lived faithfully without any specific criminal record);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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