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(영문) 대구지방법원 포항지원 2015.05.14 2015고단49 (1)
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 December 18, 2014, the Defendant: (a) around 23:45 on December 23:45, 2014, at the main point of “D” located in Northern-gu, Northern-gu, for the reason that the main proprietor does not drink alcohol like drinking, and (b) one empty bottle, which is a dangerous object of the customer, was seated on the side table of the victim E (50 years old); (c) the victim F (n, 54 years old) (n, f., f., f., f., h., h., h., h., h., h., h., h., h., h. h., h. h., h. h. h. h., h. h. h., h. h. h. h., h. h.

As a result, the Defendant carried dangerous articles and inflicted bodily injury on the victim E, such as the freshion of the shoulder and tension requiring approximately two weeks of treatment, and the fresh damage of the brupt of the bre that requires two weeks of treatment to the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of criminal behaviors and photographs of damaged parts; the hearing reports of victims);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes provided for in the crime of violating the Punishment of Violences, etc. Act with heavy imprisonment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. The reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury (Habitual Injury, Bodi Bodi Bodily Injury and Bodily Injury) in the area of special mitigation (referring to nine months of imprisonment or two years and six months of imprisonment) [Special Mitigation] minor injury, non-execution of punishment (including serious efforts to recover damage), or recovery of considerable damage (the decision of sentence] the part of the main sentence to the victims.

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