(영문) 대구지방법원 2014.02.20 2013고단7012

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2014.02.20 2013고단7012

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 August 15, 2013, at around 23:20, the Defendant: (a) sought the victim’s speech that the victim’s d and drinking alcohol, who is an employee of the same company, would find the victim’s d and walked into the above D’s lodging house and walked the door at about four hours prior to the victim’s accommodation; and (b) sought the victim’s 101-204 of the above apartment house, which is the victim’s lodging house, as the victim’s 101-dong 104, where the victim’s d and 104 of the d’s accommodation, the Defendant d’s head and 1200cm in length, and 2.5cm in length, the Defendant d’s head and the victim caused the injury to the victim during the day-time period.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

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;

1. The suspended sentence under Article 62(1) of the Criminal Act provides that the injury inflicted on the victim of the reason for sentencing cannot be deemed to be less severe, and there are circumstances favorable to the defendant, such as the following: (a) there is an unfavorable circumstance against the defendant; (b) the defendant repents and reflects the defendant's mistake; (c) the victim does not want the punishment of the defendant; and (d) there is no record of criminal punishment exceeding the fine; and (e) there is no record of criminal punishment, etc.; (b) under the above circumstances, the punishment shall be determined as ordered by taking into account all the various circumstances, including the motive, background, means, and

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

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