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(영문) 대구지방법원 2015.02.12 2014고단5084
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

On June 21, 2014, around 04:30 on June 21, 2014, the Defendant, along with the victim D (Nam, 50 years of age), fluencing alcohol at the Defendant’s home and drinking alcohol at the Defendant’s house, fluencing the victim out of the house, fluencing the victim out of the house, fluencing the victim, and following the victim, fluencing the victim’s head at one time.

As a result, the Defendant carried dangerous articles and inflicted bodily injury such as tear tear, etc. on the victim who could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury, category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigation area (one year to two months), the mitigation area (including a person who has been specially mitigated), the punishment not (including a serious effort to recover damage) or considerable damage (decision of sentence] the defendant has the power of having been punished as a single criminal act: Provided, That the defendant has no ability to impose a fine exceeding the defendant, and the defendant is divided and reflected, the defendant is suffering from mental illness, the fact that the defendant is suffering from mental illness, and other circumstances such as the motive, circumstance, means and method of the crime of this case, the age, character and behavior, career, environment, etc. of the defendant as shown in the arguments of this case, and the following circumstances shall be determined as the sentence as ordered.

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