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(영문) 대구지방법원 안동지원 2014.06.10 2014고단53
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 October 30, 2013, the Defendant: (a) around 19:00 and around 19:00, the Defendant got a vision as the age problem while drinking alcohol, such as the victim E (the age of 53) at the Docker Docker C; and (b) had an open room to view that the victim needs to receive approximately two weeks of medical treatment, when the face of the victim's left side is one time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to an injury diagnosis report and investigation report (Attachment of field photographs);

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 favorable circumstances among the reasons for the punishment in prison);

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] : (a) category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury); (b) the mitigated area (1) [1.6 to 2.6 months] (1.6 months); (c) minor bodily injury (a) the appearance of the act of injury and the agreement with the victim; but (d) the Defendant’s criminal liability cannot be deemed to be less severe; (e) the Defendant appears to recognize and reflect his/her mistake; (e) the deposit of KRW 2.5 million for the victim; (e) the degree of damage was not severe; and

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