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(영문) 대구지방법원 2014.09.12 2014고단2637
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 10:30 on April 12, 2014, the Defendant, at the front of 6-2, 199-gil-ro, Daegu East-gu, Daegu-gu, Daegu-ro, 199-2, suffered injuries, such as the victim C (Nam, 54 years of age) who is the merchant of the mack Domsan-gu, and the parking of the vehicle, caused a dispute, and threatened the victim with a small container, which is a dangerous object in the chemical in the chemical in the chemical in the chemical in the chemical in the chemical in order to protect the victim, and caused the victim to suffer approximately six weeks of medical treatment due to the occurrence of a small flusssing, and the victim's head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of a photograph and bodily injury certificate;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. against Crimes, and 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 reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) of the suspended sentence is that the defendant inflicts a bodily injury on the victim with a deadly weapon should be punished strictly. However, the fact that the defendant led to confession and reflects the fact of the crime, certain negligence appears to coincide with the defendant, and the defendant seems to have agreed smoothly with the victim, other grounds for sentencing as shown in the arguments of this case, including the criminal history, age, character and conduct, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, circumstance after the crime was committed, and the sentencing guidelines [the crime group, habitual injury, repeated injury, special injury, type 1, mitigated area, scope of recommending punishment: Imprisonment with prison labor for a year and June - 2 year and June 6] are considered.

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