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(영문) 대구지방법원 안동지원 2015.04.28 2014고단962
상해등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), and two years of suspension of execution in one year and six months, and the judgment became final and conclusive on July 5, 2014.

At around 04:40 on June 20, 2014, the Defendant called the victim E (the 16-year-old age) in front of the Sindong-si “D” room, and called the victim E (the 16-year-old age), but did not hear the horses, and led the hand floor to the alleyway facing the knee, knee on the floor, knee on the floor, and knee on 20 times.

In addition, the defendant, without any reason, had the victim F, who was next to the defendant, knee knee on the floor without any reason, knee knee knee and knee 20 times his face with the hand floor and drinking.

The Defendant, as the above, inflicted injury on the victim E on the inner left part, the right slive part, and the right slive part, which requires approximately two weeks of medical treatment, and inflicted injury on the victim F to brain slives that require approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, and H;

1. Each written diagnosis (the Nos. 6 and 9 (hereinafter referred to as “Evidence List”) is omitted;

1. A criminal investigation report (10);

1. A previous conviction in judgment: Application of Acts and subordinate statutes, such as criminal records, and a criminal investigation report (along with the victim's statements in investigation agencies and courts are relatively consistent, and each statement in G investigation agencies and courts that have observed the scene at the time, and all the contents of each diagnosis report about victims are consistent with each other; credibility exists);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order.

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