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(영문) 대구지방법원 2015.06.19 2015고단1304
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:00 on November 16, 2014, the Defendant, while drinking alcohol at a 'D' restaurant located in Yongcheon-si, Yongcheon-si, Da, 17 years old, and her drinking while drinking alcohol in a large voice. The Defendant her drinking alcohol. The Defendant her drinking alcohol on the back of the 'D' restaurant’. The Defendant her drinking alcohol in a large voice. The Defendant her drinking alcohol. The Defendant 14 days after gathering an empty bottle, which is an object dangerous to the table table table, caused the Defendant to go together with the head of the above 14 days for treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a medical certificate for an injury), a criminal investigation report (the F counterpart investigation of a victim), a criminal investigation report (the counter investigation of a victim's day G), an investigation report (the counter investigation of a suspect's dayH) and an investigation report (the counter investigation

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the mitigated area (one and half years to six months), the mitigated area (one year and six months to six months), the penal penalty (including advanced efforts to recover damage), or considerable partial damage is recovered according to the sentencing guidelines;

2. The Defendant, who had no relation with the Defendant, committed an indecent injury upon the victim’s head by deceiving the victim without prison labor. In light of the method of the crime, or the part, degree, etc. of the injury, there is a need to punish the Defendant.

However, the defendant has no record of being punished for the same crime before the crime of this case, and is against the mistake.

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