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(영문) 대구지방법원 2015.08.21 2015고단2915
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of 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 May 29, 2015, at around 22:10, the Defendant 22:10, the victim E (ma, 54 years old) and the age of the D restaurant in Nam-gu, Daegu, as the main illness, which was a dangerous object on the table, carried the head of the victim one time, and led the victim to a two open top, which requires approximately 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 to a report on site entry into violence cases and an investigation report (related to attachment 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the mitigated area (one and half years to six months), the mitigated area (one year and six months to six months), the penal penalty (including advanced efforts to recover damage), or considerable partial damage is recovered according to the sentencing guidelines;

2. The execution of imprisonment with prison labor shall be suspended as ordered, taking into account the following factors: (a) although the nature of the sentence is not good; (b) the sentence is against the law; (c) there is no power to be punished heavier than the fine; (d) the degree of damage is not severe; and (e) the agreement with the victim.

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