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(영문) 대구지방법원 2013.11.22 2013고단4926
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

Criminal facts

On August 1, 2013, the Defendant: (a) around 18:50 on August 1, 2013, the victim E (the age of 51) who is a subsequent ship in Daegu Dong-gu C had half-ended to himself/herself; (b) had the head of the victim; (c) had three times the head of the victim; and (d) had the head of the victim; and (e) had the other hand-out to the other hand-out in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report (Attachment of photographs of damage);

1. Application of Acts and subordinate statutes of the injury diagnosis 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 (see the following reasons for sentencing) for discretionary mitigation;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. In light of the circumstances such as the harm and danger of the crime of this case, the risk of danger of the crime of this case, and the failure to receive a letter from the victim for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Probation, etc., the execution of imprisonment with prison labor shall be postponed on condition of community service provided only once, by taking into account the following two factors: (a) the accused is led to a confession, reflect, and commits any contingent act under the influence of alcohol; and (b) there is no record of criminal punishment severe to the same crime; and (c)

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