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(영문) 대구지방법원 안동지원 2015.03.27 2014고단1058
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 November 23, 2014, the Defendant, within the main point of “D” in the permanent residence C around 00:05 on November 23, 2014, while drinking together with the victim E (39 years of age) on the ground that the victim would make his/her anti-enda in a dispute, the Defendant left the two-way disease containing both dangerous and dangerous goods, leading the victim to the left-hand part of the victim, and led the victim to be in need of treatment for about two weeks on the left-hand part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : (a) type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Contributor), (i.e., special mitigation) mitigated area (including efforts to recover damage), or where considerable damage has been recovered [Pronouncement Decision] 1 year and six months of imprisonment; (b) suspended sentence 1 year and two years of suspended sentence; (c) the fact that the method of committing the instant crime was very dangerous; (d) the degree of injury of the victim is relatively minor; (e) the Defendant agreed with the victim; and (e) the Defendant appears to reflect his mistake; and (e) the sentence identical to the order was determined in consideration of all the conditions of sentencing as stipulated in Article

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