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(영문) 대구지방법원 2014.12.17 2014고단5891
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

On October 7, 2014, the Defendant, at around 15:30 on October 15:30, 2014, performed drinking, such as the victim E (inn, 51 years of age) in Daegu Northern-gu C, on the ground that the victim took a bad speech as the victim E (the victim E), left the right head of the victim, which is a dangerous article on the table, and put about two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48 (1) 1 of the Criminal Act of the Confiscation [Scope of Recommendation] In the case of habitual injury, repeated injury, repeated crime, and special injury [Special Mitigation] mitigation area (one year and six months through two years and six months), punishment not (including a serious effort to recover damage), or considerable damage restoration area (the decision of sentence] where the defendant acknowledges and reflects the defendant's mistake, the victim has agreed with the victim, and the victim has repeatedly agreed with the defendant, and the degree of damage is relatively less severe, the punishment as ordered shall be determined in light of all the circumstances constituting the conditions for sentencing, such as the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and result of the crime, and the circumstances after the crime.

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