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(영문) 대구지방법원 김천지원 2015.02.12 2014고단1448 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

At around 07:00 on October 3, 2014, the Defendant: (a) reported the victim E (the age of 23) in the D cafeteria located next to drinking alcohol at the D cafeteria located next to the Defendant, and told the victim to “the victim would not have been able to do so, but the victim would not have been able to do so,” and (b) caused the Defendant to inflict an injury on the victim, such as an open top of the body of the victim, which requires approximately three weeks of medical treatment, by taking her flaps, and her flaps, which is a dangerous object, by taking the flaps of the victim’s flaps, and raising the beer disease toward the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 (i.e., that the defendant has no substantial record of the same kind of crime, the risk of the method of crime in its judgment, the injury of the victim or the details of treatment, etc., should be strictly punished; however, the confession and reflection of the crime, the fact that the confession of the crime is made against the victim, the fact that the victim agreed smoothly with the victim, the age of both parties, the details of the disposition taken by the victim taken into account, the relationship

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

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