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(영문) 대구지방법원 포항지원 2014.06.11 2014고단414
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 01:00 on March 18, 2014, the Defendant, while drinking alcohol, such as the victim E (the age of 46), within the facility office of the first floor of the “D” building located in Northern-gu C at the port of port. On the ground that the victim told himself/herself that he/she “I would not snick.” On the ground that he/she, the Defendant collected small-scale disease, which is a dangerous object in the table, and collected the head of the victim one time, and took the victim’s head one time, and the victim’s head was flick-gu disease, which is a dangerous object, once the victim’s flick part and once the victim’s blick part.

As a result, the defendant carried dangerous objects and brought about about about three weeks of treatment to the victim, such as cerebral leumum, the left-hand fresh, the upper-hand fresh, the renal drhomatic drat, the left-hand fresh, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to an injury diagnosis report, investigation report (a photograph, additional diagnosis report);

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Circumstances in which the following reasons for sentencing are described):

1. Article 62 (1) of the Criminal Act ( repeatedly considering factors, etc. describing the reasons for sentencing following the suspended sentence);

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] Where the mitigated area (including one year and six months to two years), the mitigated area (including a person who has been specially mitigated), the punishment for not having been imposed (including a serious effort to recover damage), or the recovery of considerable partial damage (the decision of the sentenced sentence] of the crime of this case is deemed to have inflicted an injury by assaulting the victim due to a shoulderer's disease, which is a dangerous object, and the crime of this case is deemed to be bad.

However, there is no record that the defendant has been punished for the same crime.

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