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(영문) 대구지방법원 2014.06.20 2014고단1550
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

On February 24, 2014, the Defendant: (a) around 02:40, at the “D” restaurant located in Daegu East-gu, Daegu-gu, for drinking alcohol, and (b) at the victim E (the age of 18) who performed drinking in the table table, and F support, who had been in a dispute with the victim E (the age of 18) while drinking alcohol and drinking in the table table above the table, and (c) caused the victim to a beer who was a dangerous object on the table, and caused about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. Statement of each police statement of E and H;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to attachment of a medical certificate), investigation report (limited to photographs of the upper part of the body and photographs of the scene causing property damage

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The grounds for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing) of the suspended sentence are as follows: (a) the confession of a crime by the defendant and reflects his mistake; (b) the defendant has agreed to do so; (c) the defendant does not have any criminal punishment other than juvenile protective disposition; (d) the mental health of the defendant is not good; and (e) family conditions are very difficult; and (e) the various grounds for sentencing as shown in the arguments of this case, such as the health status, age, character and behavior, character and behavior, intelligence and environment of the defendant; (e) family relationship; (g) motive, means and consequence of the crime; and (e) the sentencing guidelines (the group of violent crimes, habitual injury, injury by repeated offense, injury by special person, type 1, mitigated area (agreement with the victim): Imprisonment with prison labor and June 1: - June

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