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(영문) 대구지방법원 포항지원 2015.07.23 2015고단327
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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 became final and conclusive.

Reasons

Punishment of the crime

Around 01:00 on June 18, 2012, the Defendant her trade name in Busan Shipping Daegu performed daily and drinks such as the victim C (the victim C, 30 years of age) who is the Defendant’s wife, and the victim her out-of-the-counter, and her head was taken once by beer disease, which is a dangerous object at which her head was located, and her head was taken by hand, and her head was taken by hand, and the victim’s body was taken by drinking and her head several times.

As a result, the Defendant carried dangerous things and carried them with the victim’s body, which could not identify the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Type I (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Special Injury), the mitigation area (one year and six months from imprisonment to two years and six months) [Special Mitigation], and where considerable damage is recovered (including a serious effort to recover damage], the decision of a sentence is disadvantageous: The method of committing a crime, such as taking the head of a body part of a victim due to a beer disease, which is highly dangerous; the suspension of execution; the fact that the degree of injury is not particularly heavy; the fact that there is no agreement with the victim; the fact that the defendant supports the children of the victim after the confusion with the victim; and the fact that there is a violation of mistake;

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