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(영문) 대구지방법원 2013.08.09 2013고단3902
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On January 28, 2013, "C" in Daegu-gu, Daegu-gu, about 08:25, drinking alcohol and drinking alcohol to the victim D(32 years of age). On the ground that the victim D(32 years of age), E was drinking to the victim, and E was drinking to the victim D's head debt, and the victim D's face was flicked once from the victim D's face and flicked four times of drinking to the victim D's face, and then the victim F(19 years of age) and the victim G(19 years of age) were flicked to the victim, and the victim's face was flicked to the victim, and the victim's face cannot be known.

Accordingly, the defendant, together with E, injured the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to D, G, and F;

1. Application of investigation reports (Attachment of CCTV photographs and photographs on the part of the victim's injury to the victim) (in cases of criminal conduct), statutes;

1. Relevant Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, and Article 257 (1) of the Criminal Act concerning the Selection of Punishment of Violences, etc.;

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act, the instant crime constitutes category 1 (general injury) among the general injuries of the violent crime group, and the scope of recommendation is two months to one year from the date of imprisonment.

The Defendant first used excessive violence against the victim D, i.e., on the grounds of minor reasons in the Glock cafeteria that led to the Defendant, and she used violence against the victim E, who is an accomplice, assaulted the other victims who want to speak about it, thereby resulting in an injury that is not less weak to the face of the three victims.

When examining the risk of committing the crime of this case, the details and contents of the crime of this case, and the criminal records of the defendant, it shall be deemed that the defendant has a strong tendency to commit the crime of this case, but the defendant is divided, led to the confession of the crime of this case, and agreed with the victims.

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