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(영문) 대구지방법원 서부지원 2015.04.09 2013고단1373
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 July 30, 2012, at around 05:45, the Defendant, in combination with the “D” restaurant located in Seogugu Daegu-gu, Daegu-gu, for the reason that the victim would make a speech against the Defendant on the ground that the victim was in contact with the victim E (the age of 41) who was first in contact with the drinking day, and collected a refrat, which was a dangerous object at that place, and caused the victim to frat the left part of the victim’s left part one time, and frat down the upper part of the body for about seven weeks of treatment.

Summary of Evidence

1. Statement of the defendant in the fifth trial record;

1. Each police interrogation protocol against the accused and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (a medical certificate attached), investigation report (a relative investigation, such as a restaurant business operator);

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

1. Article 62(1) of the Criminal Act, which is favorable to the reasons for suspended execution (hereinafter referred to as the following grounds for sentencing):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that inflicts bodily injury on the victim as a dangerous scraper, and thus, the defendant's liability is unlimited, the defendant confessions the crime and is in depth and reflects his depth, and the victim's punishment is not imposed under the mutual consent of the victim and the victim's original agreement, etc. are considered as favorable to the defendant. The defendant's age, character and behavior, environment, motive and circumstance of the crime, relationship with the victim, and circumstances after the crime, etc. shall be considered as favorable to the defendant. In addition, the punishment shall be determined as ordered by the order

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