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(영문) 대구지방법원 상주지원 2015.04.28 2015고단106
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 November 26, 2014, at around 05:30 on November 26, 2014, the Defendant, on the ground that the victim E (the 22 years of age) was playing in front of the D convenience store located in the Yacheon-gun, Chungcheongnamcheon-gun, Gancheon-gun, but did not mislead the Defendant, and caused the victim's face about 15 times in drinking, and caused the victim's head twice with a tree box (54cm x 25cm) dangerous articles in front of the above convenience store, which was dangerous articles in front of the above convenience store, and caused the victim's injury, such as two open wifes in need of treatment for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury) (1 year and 2 months) (1 year and 2 months) (special mitigation) in the mitigated area (1 year and 1 year and 2 months) shall not be sentenced [decision of sentence] of the accused, and the accused shall be sentenced as ordered, taking into account the circumstances of sentencing specified in the pleadings of the instant case

Public prosecution dismissed part (a point of violence)

1. On November 26, 2014, the Defendant: (a) around 06:00 on November 26, 2014, rendered three times the face of the Victim E by drinking at an emergency room in the Yancheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, G Hospital.

2. The judgment is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim's explicit intent in accordance with Article 260(3) of the Criminal Act. Accordingly, according to the written agreement submitted on April 10, 2015, it is apparent that the victim has withdrawn his/her wish to punish the defendant after the institution of the instant indictment.

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