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(영문) 대구지방법원 김천지원 2013.11.14 2013고단979
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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 22, 2013, at around 09:10 on March 2, 2013, the Defendant: (a) while drinking alcohol such as Company E (22 years of age) at a “D” restaurant located in Kimcheon-si C, the Defendant: (b) placed the victim, etc. with a 10-day balance of the victim’s back head, and the 10-day balance of the victim’s back head, and the 10-day share of the 10-day share of the 10-day share of the 10-day share of the victim who followed the victim in the restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (field conditions, injury to the parties concerned, injury to the victim of the disease), investigation reports (referring to submission of written examinations of injury to the suspect);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] Violence: Habitual injury, repeated injury, special injury (special person in special form] - Aggravated injury, repeated offense injury, special injury (special person in special form): In the mitigated area of minor injury [the scope of recommendation] mitigation area, imprisonment with prison labor for a year and six months to two years [general person] - There is no record of criminal punishment (whether to suspend execution of sentence] - Where a person commits a crime by carrying a deadly weapon or other dangerous object with a deadly weapon or other dangerous object: There is no record of criminal punishment - In the event that the person committed a crime by carrying a deadly weapon or other dangerous object, there is no record of major pride: A minor injury, no record of criminal punishment - There is no record of general pride: no record of criminal punishment: 1 and six

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