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(영문) 대구지방법원 2015.03.19 2014고단6554
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 became final and conclusive.

Reasons

Punishment of the crime

At around 21:05 on November 7, 2014, the Defendant: (a) 21:05, the victim E (year 43), F, and alcohol in a D restaurant located in Daegu-gu, Daegu-gu; (b) while the victim talks on the character of the Defendant, the victim was forced and written to others, on the ground that the victim’s head is bad, and the face part of the victim’s face is hured one time by hand on the right hand; (c) the victim’s face part, which is a dangerous object on his/her client, was collected at the right hand; and (d) when the victim took the face part of the victim’s face part one time, and approximately 3-4 times the victim took the face part of the victim’s face part to the right hand, and suffered an injury of the victim that requires approximately 3 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to an investigation report (as to attachment of an injury diagnosis report);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] / [the range of habitual injury, repeated crime, injury and special injury] / [1 and 6 months] mitigated area (including special mitigation] / 1 and 16-2 months), not subject to punishment (including serious efforts to recover damage) or considerable damage (the decision of sentence] / the defendant carried dangerous articles and has the history of being sentenced to one suspended sentence and several fines due to violent crimes; on the other hand, the defendant was subject to a suspended sentence and several fines due to multiple times of fines; on the other hand, as a contingent crime, the defendant is divided into his/her mistake; he/she has agreed to do so only with the victim; and on the other hand, after 2005, he/she has been suspended or above the suspended sentence.

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