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(영문) 대구지방법원 김천지원 2015.02.11 2013고단1405
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 00:40 on September 18, 2013, the Defendant: (a) expressed an desire to engage in a dispute with the owner of the instant main shop E while intending to do so; and (b) made it difficult from the victim F (the age of 43); (c) made it difficult for the Defendant to stop; and (d) made it difficult for the Defendant “I am on the left side of the drinking or drinking dwar,” and (e) made an empty beer disease, which is a dangerous object on the table, one time the left part of the victim’s face, and (e) sustained five times on the part of the victim’s face, the Defendant saw that the victim cannot know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. The police statement concerning F;

1. Application of damaged photographs, criminal implements photographs, and statutes;

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. A sentence shall be imposed in that the degree of damage, such as the form and means of a crime with reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the danger of methods, and the victim’s blood transfusion, is not less exceptionally applied.

However, taking into account the fact that the victim first uses violence, the fact that the victim has agreed with the victim, the fact that there is no criminal record of suspension of execution or higher, and the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the special mitigation area ( September-2), the special mitigation area ( September-2 and June), the special mitigation area (the victim is also responsible for the occurrence of the crime or the expansion of damage if the victim is also responsible for the occurrence of the crime or the expansion of damage] and all other circumstances, such as the defendant's age, character, conduct and environment, etc., shall be determined as ordered.

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