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(영문) 대구지방법원 2015.04.10 2015고단296
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 November 15, 2014, at around 12:35, the Defendant listened to the victim E (Nam and 22 years of age) in D’s “D” located in the Daegu Suwon-gu Suwon-gu, Daegu-gu, about the Defendant’s side to make a good speech, and carried the Defendant her fright at a drinking time, and carried the Defendant’s fluor, which is a dangerous object outside the damaged office, carried the Defendant out of the damaged office, and followed the Defendant’s fluorily carried the victim’s left shoulder in front of the above office, thereby driving the victim’s back part of the left shoulder part of the victim’s left part of the treatment day.

Accordingly, the defendant, as a dangerous object, inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to photographs, such as a report on site withdrawal in violent incidents, photographs of the upper part of the victim's body, and a flux

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

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 (the same as the grounds for mitigation of amount);

1. Where the range of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] is the category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury and Bodi Bodily Injury), the area of special mitigation ( September to February 6), the area of minor bodily injury (including serious efforts to recover damage) or considerable damage is recovered;

2. The sentence shall be sentenced to the lowest sentence within the scope of the mitigated sentence, but its execution shall be suspended, considering the fact that the sentence is the initial crime for sentencing, the error is against the law, the damage is relatively minor, the victim does not want the punishment of the defendant by mutual consent with the victim, etc.;

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