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(영문) 대구지방법원 2014.01.16 2013고단6070
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

At around 08:00 on May 25, 2013, the Defendant: (a) heard the horses from the victim D (the age of 68) before Yongcheon-si, “In the original condition of the Go-gu ancient field so that it can fall into the original condition; and (b) took the victim’s flab with the left hand, “this flabing de debris; (c) 3-4 times to flab the head of the victim’s head; (d) 5-6 times to 6 times to 14 times to flab the chest; (e) 5-6 times to flab the chest; and (e) flab the chest part of the chest with the head, who received the horses from 5-6 times to 6 times to 5-6 times to 14 days to flab the chest part, and flabed the flab, which requires the victim to treat for 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs of the injured part of the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence is that the defendant separates his mistake, and the degree of damage to the victim is not serious. The defendant deposited 1 million won for the victim. The defendant's primary crime is the age of 64 years old, and the defendant's age, character and behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc. are considered as follows.

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