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(영문) 대구지방법원 안동지원 2014.09.05 2012고단984
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 06:00 on August 6, 2012, the Defendant, in the “D” entertainment drinking house No. 1 room located in the permanent residence C around 06:00, and on the grounds that the victim E (the age of 20) who works for the said main employee as the Defendant, received the information from the customer, but did not receive the information on the information on the information, and the Defendant was in dispute with the customer on the ground that he did not receive the information on the information on the information, and suffered an injury to the victim during a dispute over the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : (a) type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (1 year and 6 months through 2 months) (special mitigation) (a year and 1 year and 2 months)) in the mitigation area; (b) [a decision of sentence] Defendant used dangerous articles to inflict bodily injury on the victim. In light of the fact that the injured party wishes to punish the Defendant’s severe punishment, and that the Defendant is not sincere in the trial, the Defendant’s liability cannot be deemed to be less than the Defendant’s crime.

However, the punishment was determined in consideration of all the conditions stipulated in Article 51 of the Criminal Act, such as the fact that the defendant shows the attitude of recognizing and reflecting his mistake, and deposited 4 million won for the victim, and the decision was selected to suspend the execution.

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