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(영문) 대구지방법원 안동지원 2014.09.19 2014고단387
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

At around 21:05 on April 5, 2014, the Defendant, along with the victim E (year 52) who was a company member in the D restaurant located in Ansan-dong-si, performed alcohol with the victim E (year 52) who was disputing the company problem, and the victim, at the time of the plastic oil contact, caused the victim's injury to the victim, such as cerebrum, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to investigation reports (pathograph E), investigation reports (defluence photographs of the head of the Si/Gun/Gu);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury [Special Mitigation] category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury] and the special mitigation area ( September through February 6) [Special Mitigation], in the case of minor injury, punishment not being imposed (including serious efforts to recover damage), or damage recovery (decision of sentence] Defendant used dangerous things (decision of sentence] In light of such risk, Defendant cannot be deemed to be less and less liable for committing a crime, but it appears to recognize Defendant's mistake and reflect his fault, the sentence was determined by taking into account all the conditions stipulated in Article 51 of the Criminal Code, such as the fact that the victim and the victim agreed smoothly, and the fact that the damage

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