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(영문) 대구지방법원 상주지원 2015.04.28 2015고단69
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2015, at the time of stay at around 01:00, the Defendant d (53 years of age) and drinking in C, playing “E” in the name of the Defendant’s mother as “F” by brooming brooms, which are dangerous objects, caused the Defendant to get off the part of the victim’s left side.

As a result, the defendant injured the victim, such as a dives open to the diversity of the diversity of the head.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes of the general 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area (1st and half years) of habitual injury, repeated crime injury, special injury (1st and half years), the mitigated area (1st and half years), [2nd and six months] the decision that a defendant has no record of criminal punishment (2nd and the decision that a defendant has no record of criminal punishment; and the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered in the arguments of this case, and the sentence is imposed as ordered.

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