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(영문) 대구지방법원 김천지원 2014.02.26 2013고단1637
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

Around 21:00 on September 21, 2013, the Defendant heard the victim E (year 42) who took part in the sofash in Kimcheon-si, Kimcheon-si, and took a look at the victim’s face by hand. The Defendant saw the victim’s face, “I am fably, I am fably, I am well fably, I am the victim’s chest part.” At this time, the Defendant saw the victim’s chest back to the wall by pushing the victim’s chest by hand. At this time, the Defendant sawd the victim’s head, which is a dangerous object for a shoulder, and cut the victim’s hair back one time, with the victim’s head, which was a dangerous object on the table.

As a result, the defendant put the two parts and the third part of the left side of the victim in need of medical treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A written diagnosis of injury;

1. Application of on-site photographs and Acts and subordinate statutes governing damaged parts;

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. Reasons for the sentencing of Article 62 (1) of the Criminal Act (determination of types) of the Act on the Suspension of Execution: Violence; habitual injury, repeated injury, injury by repeated offense, special injury by special injury (special person in special form): In the area of mitigation [the scope of decision and recommendation in the area of recommendation] mitigation, mitigation area, one year and six months to six months [the period of suspension of execution] - In the case of a crime by carrying an article: In the case of a crime by carrying an article, the principal reason for the suspension of execution - In the case of a principal reason for the suspension of execution: A person not subject to punishment - A person not subject to any contingent crime, or a person not subject to a suspended sentence of imprisonment with prison labor

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