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(영문) 대구지방법원 2015.07.14 2015고단2280
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment for two years;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:10 on February 9, 2015, the Defendant, while drinking alcohol with the victim at “E” restaurant operated by the Daegu Dong-gu C Victim D (L, 51) (hereinafter “E”), provided that the Defendant, while drinking alcohol with the victim, had the victim drinked the alcohol, but refused it, caused the Defendant’s back head of the victim’s disease, which is a dangerous object on his/her table, once he/she sawd the victim’s face part on his/her table, and caused the Defendant to suffer injury, such as unfashinging the victim for approximately three 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 of a photograph of damage and a written diagnosis of injury;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act as to the crime, Article 257 (1) of the Criminal Act and 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. The defendant and his defense counsel alleged that the defendant was in a state of mental disability under the influence of alcohol at the time of the crime of this case. Thus, according to each of the above evidence, it is recognized that the defendant was in a state of drinking at the time, but it does not seem that the defendant was in a state of lacking the ability to discern things or make decisions. Accordingly, the above assertion is rejected.

Reasons for sentencing

1. Reduction area (one year and six months to two years) (special mitigation area) mitigated area (one year and six months from June to six months) according to the sentencing guidelines (special mitigation area) of the recommended punishment according to the sentencing guidelines;

2. Considering circumstances - A favorable circumstances: A person who has committed a crime carrying dangerous articles; a person who has no record of criminal punishment; a person who has received diagnosis shall be deemed to have suffered actual injury, such as a person who has carried a dangerous article; and a person who has received diagnosis shall be deemed to have been engaged in satisfing to three weeks; and a person who has received diagnosis shall be deemed to have been engaged in satisfing to a

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