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(영문) 대구지방법원 안동지원 2014.05.23 2013고단716
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

At around 16:30 on September 13, 2013, the Defendant, while drinking alcohol together with the victim E (70 years of age) at a D restaurant located in Dobong-gun C, said, on the ground that “the Defendant brought the Defendant to go to the Defendant” false statement, the Defendant placed the victim’s head at one time and five times on the face of drinking, using the original straw board (30cm), which is a dangerous object on the food and table, the Defendant was using the device that was in danger of the Defendant to go to the Defendant, and put about two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a medical certificate of injury and report of internal death (Attachment to 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) In light of the following: (b) the mitigation area (one year and six months to two months) (one year and six months), the minor injury [decision of a sentence] 1 year and six months; (c) the form of the act of bodily injury in the suspension of execution of three years, and the fact that the victim did not reach an agreement with the mitigation area (one year and six months to six months) ; (d) the Defendant’s liability cannot be deemed to be light; (e) the Defendant appears to have a attitude to recognize and reflect his/her mistake; (e) the Defendant did not have any criminal history heavier than imprisonment without prison labor; (e) the Defendant did not have any criminal history; and (e) the Defendant selected a suspension of execution.

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