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(영문) 대구지방법원 안동지원 2015.12.11 2015고단623
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 21, 2015, the Defendant: (a) 20:35 on August 21, 2015, while drinking with the victim B(53 years of age) and drinking in the Ecafeteria located in Ansan-si; (b) she took a bath with the victim; and (c) she took the victim’s chest, and she took the victim’s chest, and she took a dangerous object, and she took the victim’s chest, and she took the victim’s chest, and she met with the victim’s chest; and (d) she sustained the victim’s boom at approximately four weeks of her son’s son.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Defendant B, at the same time, and at the same place as indicated in the above paragraph (1), became a victim A (the age of 63) and a trial expense for the same reasons as indicated in the above paragraph (1). Defendant B, in his hand, pusheded the victim’s neck, took the victim’s face by drinking it, and saw the victim’s chests, thereby damaging the victim’s neck and hand over three weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on internal investigation:

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (A) and diagnosis certificate (B);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act

B. Defendant B: Article 257(1) of the Criminal Act; the choice of imprisonment

1. Articles 53 and 55 (1) 3 (Defendant A) of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. Two years of suspension of execution in one year and six months of imprisonment with prison labor for the mitigated area (one year and six months to two years), the mitigated area (including specially mitigated persons), the non-exclusive penalty (including efforts to recover from damage) (including the advanced decision of a sentence) of the defendant A [the scope of a punishment] the habitual injury, the repeated injury, the special injury, and the special injury (Habitual injury, the repeated injury and the special injury) (one year and six months);

2. Defendant B [the scope of recommendations] general injury areas of category 1 (General Injury) (2-1) (2-1) (2-1) (2-2) (3) (3) (3) (3) and (4) (4) (4) (3) (3) and (4).

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