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(영문) 대구지방법원 상주지원 2014.09.02 2014고단332
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 9, 2014, at around 17:40, the Defendant: (a) took a dispute with the victim for the reason that the victim C (the South and the age of 41) is not good for him/her on the roads adjacent to the “vehicle of the Republic of Korea-U.S. Dokcheon-gun, Yancheon-gun, Yancheon-gun, Gancheon-gun, Gancheon-gun, and that he/she was able to hear his/her bathing from the victim, and got about 10cc of a dangerous object on the floor, and followed the head of the victim, and caused the victim’s face one time by drinking.

As a result, the defendant carried dangerous articles with the victim about 2 weeks of treatment, thereby damaging the character of headal part in which detailed treatment is required, stuffing, inspection, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of C (Investigation Record No. 8);

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area (1st and half years) of habitual injury, repeated crime injury, and special injury (1st and half years), [2nd and six months] of the mitigated area (1st and half years] of the Punishment (1st and half years), there are criminal records identical to the defendant. However, the defendant agreed smoothly with the victim. In addition, the defendant agreed smoothly with the victim, taking into account the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence as ordered shall be imposed.

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