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(영문) 대구지방법원 의성지원 2013.08.29 2013고단157
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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

At around 19:30 on May 18, 2013, the Defendant assaulted the victim D(48 years of age) who had sold the Defendant’s fat on the road in the front of the Sung-gun, Sungbuk-gun, Kim Sung-gun, for the purpose of selling the Defendant’s fat, and caused injury to the victim, such as salt fats, tensions, tensions, etc., in need of medical treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A seizure report, a list of seizure, and a medical certificate of injury;

1. Application of Acts and subordinate statutes to the report of investigation (a photograph of the criminal suspect subject to seizure);

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Application of the sentencing guidelines [Determination of types of punishment] : In cases of violent crime groups, special injury (special mitigation of persons in need of punishment] minor injury, non-prosecution of punishment [the scope of recommendation] special mitigation area, 9 months to two years and six months [the main reasons for suspension of execution] - Where a person commits a crime by carrying dangerous articles: In cases where a person commits a crime by carrying dangerous articles, positive reasons - In cases of minor injury or non-prosecution of punishment [the reasons for suspension of execution of execution of punishment] - No positive reasons: It shall be decided as per the order for reasons not less

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