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(영문) 대구지방법원 포항지원 2015.08.20 2015고단425
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

Punishment of the crime

On April 29, 2015, the Defendant took part in a dispute with the victim D(50 years of age) on the ground that the victim did not repay his/her money borrowed from the Defendant during the voyage-dong C202 around 16:20 on April 29, 2015, and the Defendant took part in the victim's face. On the other hand, the Defendant took part in the victim's face.

As a result, the Defendant carried dangerous things and carried them for about two weeks, resulting in the Defendant’s pollution-free heat, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to each investigation report (damage photographs; attachment of a death diagnosis report);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] Where the mitigated area (referring to one year and six months of imprisonment, or two years and six months of imprisonment), the mitigated area (including a person who has been specially mitigated), the punishment of a person not subject to punishment (including a serious effort to recover from damage), or considerable damage is restored [decision of a sentence] unfavorable: The fact that a person subject to punishment is faced with the face of a victim and is highly likely to be injured; the fact that the records of punishment for the accused are committed due to violence-related crimes, etc. are favorable to several times: The fact that the victim has agreed to pay medical expenses, etc.; the extent of the injury is not particularly significant; the fact that there is no history of punishment exceeding the fine for the accused; and the fact that there is a violation of mistake;

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