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(영문) 대구지방법원 2015.04.24 2015고단951
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On March 3, 2015, at around 00:50, the Defendant, at the “Ecafeteria” operated by the victim D(60 years of age) in Daegu Suwon-gu C, discussed the issue of age with the victim while drinking alcohol with the victim, and her head left part of the victim’s head left part of the victim’s body was cut one time by beer disease, which is a dangerous object on the table, and led the victim to an open two sides of the number of treatment days.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. Descriptions of a medical certificate (D);

1. Application of Acts and subordinate statutes on images of 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing [the range of applicable sentences under law] under Article 62(1) of the Criminal Act (recognition of favorable sentencing conditions among the reasons for sentencing) - The case where: (a) type 1 (special multiple persons] (including persons who habitually injured, repeatedly injured, injured, and specially injured) is not subject to punishment (including serious efforts to recover damage) or considerable damage is restored [the range of recommending sentence] [the range of recommending sentence] 1 year and 6 months to 2 years and 6 months [the range of recommending sentence] - Major reasons for sentencing - Where the defendant committed a crime by force of adverse organizations or multiple persons, deadly injured, or other dangerous things, or committed a crime by carrying them for 15 years [the scope of applicable sentences] and one year and 15 years and/or 15 years of imprisonment, or more; (b) the case where the defendant has not been subject to punishment (including those who have been subject to punishment for recovery of damage]; (c) the case where the defendant has not been subject to suspended sentence of punishment against the victim or more severe injury of the victim;

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