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(영문) 대구지방법원 안동지원 2015.02.13 2014고단993
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 23, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) received several demands from the victim to request for reimbursement of the expenses of AC from the victim during the E entertainment tavern 2 room operated by the victim D (at the age of 53) who permanently resides in C (at the age of 53). On September 2, 2014, the Defendant got two parallels from the two establishments of E entertainment tavern 2, which are operated by the victim D (at the age of 53). On the other hand, the Defendant sustained the victim’s face by cutting the beer’s disease, which is a dangerous object on the table, and broken the beer’s inner left part of the victim’s body, and sustained the victim’s face from 2 to 3 times with the damaged floor, and sustained the victim’s left part of the number of days of treatment days.

2. When the Defendant was faced with D at the same time and at the same place as above, the Defendant committed assaulting the victim’s face and head three times by drinking the victim’s face and head.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) 1 of the same Act, Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act for probation and community service shall be based on the aggravation of multiple crimes for which there are no basic areas (two months to ten months) (the scope of recommending punishment) in the basic areas (two months) (including efforts to recover damage) of types 1 (Habitual Injury, Bodily Injury, Bodily Injury, Cumulative Bodily Injury), mitigation area (one year and six months to two years), punishment not (including efforts to reduce damage), or considerable partial damage) in the mitigation area (one year and six months to six months).

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