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(영문) 대구지방법원 2015.03.19 2014고단5336
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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2012, at around 15:00, the Defendant jointly with Nonindicted Party C, followed the victim F (the age of 49) and alcohol in the “E” restaurant located in Busan Metropolitan City on October 15:0, 2012, and during the dispute with the age of drinking, the victim’s body was attached to the victim’s body. The Defendant was able to kill the victim’s breath and take the breath face in drinking. The Defendant boomed the victim’s breath and taken the breath face (the length between 50:60cm) and breath of the victim’s head, which is a dangerous thing, and breathed the victim’s face, body body body part, and breath of the victim’s chest and breath of the victim’s chest, and completed the treatment for the victim’s injury to the left side of the front part of the week.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Protocol of the police statement concerning G;

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 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (two to four years) (two or more years) of the category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) [Determination of Sentence] (The Decision of Sentence] the Defendant’s injury to the victim due to a dangerous object, the fact that it is high risk of the injury, the fact that it is not agreed with the victim, the fact that the Defendant was not a fine, but has five times the punishment power due to violent crimes within ten years, including the fact that the degree of damage is not much serious, and the Defendant suffered injury from the victim, and that the Defendant is divided into and against the mistake, and the motive, background, means and method of the instant crime, the circumstances before and after the instant crime, and other pertinent cases.

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