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(영문) 대구지방법원 포항지원 2015.07.16 2015고단110
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is the defendant on deck of C and the victim D(45) is the seafarer.

On October 12, 2014, the Defendant heard verbal abuse from the victim while making a telephone call with the victim and sought a victim who drinks from ‘Fp' in Thai-gun E around 21:00 on the same day.

The defendant found the victim at a certain point and prepared the victim in advance ( approximately 110 cm in length) and continued to take the head of the victim several times, and taken the victim out of the head of the head of the victim and took the victim out of the head of the head of the head of the head of the Si/Gun/Gu in several times.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as cerebral sye which requires treatment for about 15 days.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A written diagnosis of injury;

1. Photographs taken at the time of making a statement of damage, such as a photograph;

1. Application of Acts and subordinate statutes to report on investigation (to listen to wooden G telephone statements);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigated area (one year and six months to two years and six months) [Special Mitigation] (including a serious effort to recover damage), or where considerable damage has been restored [Pronouncement Decision] unfavorable: (a) the method of crime and attitude are highly dangerous; (b) the occurrence of injury by a full number of important parts of the body due to each item; (c) the circumstances favorable to the fact that there are several criminal records related to violence are committed several times; (d) the defendant has committed a mistake, and (e) the victim has paid medical expenses, etc.; and

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