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(영문) 대구지방법원 2014.10.08 2014고단4338
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

except that 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

1. Around 05:10 on May 31, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) was on the street in front of the “D” operated by the Defendant in Daegu-gu, Daegu-gu, Daegu-gu, for the reason that the victim E (the age of 31) does not have a house and is lodging in the foregoing drinking house. B, while the victim E (the age of 31) was living in a dispute, he was on the part of the victim’s bicycle, which is a dangerous object installed at the entrance, and the victim’s bicycle was on the part of the main part of the date of treatment.

2. The Defendant damaged public goods at the same time and place, where 119 was reported and sent to the G-friendly Hospital for the foregoing reasons, and the F 119 first-aid vehicles affiliated with the Daegu Central Fire Fighting Station called out, thereby damaging the goods used by public offices by breaking out the windows after the above first-aid vehicle in the amount of KRW 250,000 at the market price, on the ground that the fire fighting vehicle belonging to the Daegu Central Fire Fighting Station called out to the said hospital was not unbured.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Written estimate;

1. Emergency medical services log, request for medical treatment of emergency patients, and receipt for medical treatment;

1. Application of Acts and subordinate statutes to the field photography;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on a dangerous article) and Article 141 (1) of the Criminal Act (the occupation of damaging goods for public use and the choice of imprisonment) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where the mitigation area (one year and six months to two months), mitigation area (one year and six months), punishment not (including advanced efforts to recover damage), or considerable damage is restored due to the reason for the sentencing of Article 62 (1) of the Criminal Act (the scope of recommending punishment), the invalidation and destruction of public goods (the scope of recommending punishment) shall be deemed invalid and destroyed;

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