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(영문) 대구지방법원 2013.04.18 2013고단885
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 22:40 on January 8, 2013, the Defendant, while drinking alcoholic beverages together with D, had a dispute over the victim E (the age of 56) entering the above 1 room, and D and construction costs. However, the Defendant collected a beer’s disease, which is an object dangerous to the table table, and caused the victim to suffer injury, such as brain dynasium, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical 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. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act, the instant crime constitutes a special injury by violent crime group, and the scope of recommendation is from 1 year to 6 months from 1 year to 2 years (special mitigation area - minor injury, and not subject to punishment).

Since the defendant used dangerous objects to inflict bodily harm on the victim, it is necessary to strictly punish the risk.

However, the punishment as ordered shall be determined by taking into consideration all circumstances, such as the fact that the defendant is against mistake, that the victim does not want punishment against the defendant by agreement with the defendant, that the degree of injury of the victim is minor, that the defendant's behavior and dispute are likely to have committed the crime of this case contingently.

It is so decided as per Disposition for the above reasons.

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