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(영문) 대구지방법원 상주지원 2015.06.02 2015고단188
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 March 18, 2015, the Defendant, at around 18:10 on March 18, 2015, prevented the victim E (55 years old, South) who is under the influence of alcohol from the Droposium located in the Yacheon-gun C.

In order to hear the victim's desire from the victim, the victim's face was taken once, and the victim's head was recovered once on the part of the victim's head on the part of the victim's head, which is a dangerous object, and the victim suffered bodily injury, such as cerebral dys, which is in detail in need of medical treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area (i.e., habitual injury, repeated crime injury, repeated crime injury, special injury) (i.e., January to June), the mitigated area (i., January to two years and six months) (i.e., the decision of a sentence] (i., the decision of a special mitigation) of punishment not to be punished (i.e., the decision of a sentence] of the defendant without criminal conviction; and (ii) the defendant's age, character and behavior and environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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