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(영문) 대구지방법원 김천지원 2013.11.20 2013고단1286
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:30 on May 8, 2010, the Defendant: (a) deemed the victim E (year 44) who works together at the road construction site on the road in the Gumi-si, Gumi-si, and on the ground that he was unable to know while drinking alcohol, and (b) caused the victim’s face by drinking, and (c) caused the victim’s injury, such as blood transfusion and salkeing, in which approximately eight weeks of credit need to be treated at the road construction site.”

Summary of Evidence

1. Defendant's legal statement;

1. Part of statement E in the second police interrogation protocol against the accused;

1. Each police statement to F, G, and E;

1. Investigation report (Investigation into H and Dusst Business Owners);

1. A medical certificate;

1. Application of Acts and subordinate statutes to damaged photographs, scene, and criminal implements photographs;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] : (a) habitual injury, repeated injury, and special injury (special injury): Reduction element of punishment [the scope of decision and recommendation in the recommendation field], mitigation area, one year and six months to six months [whether suspended sentence is suspended or not] major illegal reasons: Major extenuating reasons for the same criminal records (not more than five years, a suspended sentence, or a fine not less than three times): The general extenuating reasons for the suspended sentence not less than two times: Imprisonment with prison labor for not less than one year and six months, and three years of suspended sentence: The degree of injury to the victim, other than each of the above sentencing factors; (b) arrest warrant was issued on June 7, 2010; and (c) the defendant was not present at an investigative agency even though he was appointed on April 2012.

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