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(영문) 대구지방법원 안동지원 2014.12.30 2014고단863
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 September 23:45, 2014, the Defendant: (a) stated that “D main points” located in Permanent Resident C, which were located in C, calls for the Defendant to take care of having not received personnel expenses; (b) caused the injury to the victim, such as two open tops, which require approximately one week medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (related to attachment of a medical 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. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] Where the mitigated area (including special mitigation), the mitigated area (one year and six months to two years), the mitigated area (including efforts to recover damage), the degree of damage to the victim, the fact that the defendant has the history of having been sentenced to a suspended sentence for the same crime, and the victim has no want to be punished against the defendant, and the fact that the victim does not want to be punished;

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