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(영문) 대구지방법원 포항지원 2016.03.10 2015고단1383
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 24, 2015, the Defendant: (a) 20:10 on September 24, 2015, when drinking alcohol at the D main points located in south-gu C while drinking alcohol, she was demanded from the victim E (50 years) to take out from the outside; (b) the head of the victim was left one time due to an empty beer who is a dangerous object on his/her table at the place; and (c) the victim she gets out of the victim’s body for about 14 days by hand when he/she her blick with her her knick.

2. In order to sings at the date, time, and place described in paragraph 1, the Defendant damaged the property by leaving the stage and leaving the victim’s market price, which was installed at that place, was at least KRW 300,000,000, on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E, F and G;

1. A medical certificate of injury, or photograph;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 366 of the Criminal Act (a point of damage to property and a choice of imprisonment);

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishment for two special injuries prescribed by the heavier punishment is added);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Details and methods of the crime, such as taking the head of the victim by beer disease, inflicting an injury on him/her, and circumstances that are favorable to the risk of her appearance: The extent of injury and damage to property is relatively insignificant; agreement with the victim; the defendant has no record of punishment exceeding the fine; and the defendant reflects mistake;

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