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(영문) 대구지방법원 안동지원 2016.02.19 2015고단693
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 3, 2015, the Defendant discovered that D’s “E cafeteria” operated by Ansan-si C around 00:10, the Defendant had liveded with the Defendant for two years between the Defendant and the Defendant, and that D, who is employed as a person, has a knee in the victim F(44) in the above restaurant room, and D had an internal relationship with the victim.

In addition, misunderstanding and misunderstanding the victim's right side by beer disease, which is a dangerous object used by the knife, the back side of the victim's right side, continuously breaking the victim's tight part into the floor by hand, the victim's breast part is taken several times, the head is walking twice, and the head is continuously broken the victim's face.

As a result, the defendant caused a shoulder beer disease, which is a dangerous object, to put about two weeks of treatment to the victim, such as an inner legine, which requires treatment.

Summary of Evidence

1. Legal statement of witness F;

1. Each photograph;

1. Application of Acts and subordinate statutes to records of emergency patients and medical certificates;

1. Article 285-2 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The defendant and his defense counsel's assertion of Article 62 (1) of the Act on the Suspension of Execution against the defendant and his defense counsel asserted that the defendant and his defense counsel merely walked with the victim by walking and do not display the shoulderer's face to the victim's face. However, according to each of the above evidence, the defendant can be found to have inflicted an injury on the victim, and the above assertion is rejected.

The reason for sentencing shall be determined as per the disposition, comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the arguments and records, such as the defendant's age, sexual behavior and environment, and the situation after the crime, etc., such as the unfavorable circumstances that the defendant inflicts a wound on the victim, the smooth agreement between the victim and the victim, the degree of the victim's injury, the degree of the victim's injury, and the fact that the defendant has no previous convictions, and other favorable circumstances, such as the defendant's age, sex behavior and environment

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