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(영문) 대구지방법원 2015.06.19 2015고단1441
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2015, around 17:30 on March 30, 2015, the Defendant found the victim D (W, 53 years old) in Yongcheon-si C, in a state where he was able to put the shoulderer's disease ( approximately 13cc in length) under the influence of alcohol in E-cafeteria operated by the Defendant.

In the above restaurant, the Defendant expressed the victim’s desire to “scam” on the ground that the victim took a large amount of alcohol, and she laid the victim’s hair over the floor by cutting the victim’s head scam in his left hand, and cut it over the bottom of the victim’s scam, which is a dangerous object of the main scam, and then cut off the shoulderer’s scam and scam on the part of the victim’s scam.”

As a result, the Defendant inflicted bodily injury on the victim for about seven days, such as double scams, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to report internal investigation (on-site photographs), investigation report (Attachment to a list of 112 reported cases), investigation report (related to the victim's telephone statement), investigation report (related to the victim's telephone statement), and investigation report (Attachment to

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 Act of the community service order;

1. Insignificant injuries in mitigated areas (one year and six months to two years and six months) (special mitigation areas) (one year and six months from one year and two years and six months) (special mitigation areas) of Type 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury), which are the scope of the recommended punishment according to the sentencing guidelines;

2. Determination of sentence: The motive, method, etc. of the instant crime is not good.

However, considering the fact that the defendant's mistake is against the defendant, the fact that there is no past record of punishment heavier than the fine, the degree of damage is relatively minor, and the conditions of sentencing prescribed in Article 51 of the Criminal Act are taken into account, and the punishment is determined as the same as the order.

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