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(영문) 대구지방법원 2014.06.26 2014고단2083
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 February 17, 2014, the Defendant: (a) around 00:15, on the part of the Defendant’s vehicle set up in the “D” restaurant parking lot located in the Daegu Suwon-gu, Daegu Suwon-gu, (b) caused the defect that the victim E (the age of 25) cannot repay KRW 1,00,000 from her own; (c) made two times the victim’s left side buck with the victim, and then, when the victim’s arms, legss, etc. are taken on the part of the Defendant’s vehicle, which is a dangerous object in the back seat of the said vehicle, the victim’s arms, legs, etc., left from the back of the said vehicle, the Defendant added approximately 21 days to the victim’s arms, legss, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written diagnosis of injury;

1. Damage photographs;

1. Application of Acts and subordinate statutes to photographs of camping nets;

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 48 (1) 1 of the Confiscation Criminal Act / [Scope of recommendations] The basic area (two to four years) of types 1 (two-four years) (short-year) of habitual injury, repeated injury, and special injury (short-term injury, repeated crime and special injury) (decision of sentence] (decision of sentence] The defendant does not have any criminal record exceeding a fine; the defendant does not want to be punished by a fine; the defendant does not want to have a criminal record by mutual consent between the victim and the victim; the defendant repents and reflects the defendant's wrong; the defendant's age, inclinations, and the circumstances of the instant crime

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