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(영문) 대구지방법원 김천지원 2013.11.14 2013고단1188
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 04:00 on August 24, 2013, the Defendant, while drinking alcohol with the victim D(27 years of age) on the ground that the victim acted to prevent the victim from going against the Defendant, etc., and was drinking as a drinking, the Defendant collected the face of the victim on two occasions due to drinking, and laid down the empty disease, which is a dangerous object, and caused the victim’s left head, thereby making it difficult for the victim to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. On-site reports (as to the attachment of field photographs):

1. Application of Acts and subordinate statutes to investigation reports (attached photographs of the body part of suspect D);

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. Reasons for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Determination of the type] for the reasons for the sentencing of Article 62(1) of the Criminal Act (the decision of the sentence] is inconsistent with the lower limit of the applicable sentence under the law, since it is inconsistent with the lower limit of the applicable sentence under the law, in a case where the victim is fully responsible for the occurrence of a crime or the expansion of damage even if the victim is also responsible for the occurrence of a crime or for the expansion of damage.

[General person who is sentenced to punishment] - No record of criminal punishment (whether to suspend execution) - Major pride : Reasons for the occurrence of a crime or the expansion of damage: No record of criminal punishment; no record of criminal punishment; no record of general pride - No record of criminal punishment; no record of criminal punishment has been committed against the victim; no record of criminal punishment (decision of sentence)

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