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(영문) 대구지방법원 포항지원 2015.12.03 2015고단234
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 December 21, 2014, from around 04:00 on the same day to around 08:30 on the same day, the Defendant expressed the victim D (here, 21 years of age) who was living in the north-gu Cudio 303 at the port, and took a dispute with the victim, she was sleeping the victim's head debt by putting the victim's face up, she was sleeped once, three times in drinking, three times in drinking, and the victim's face was buckbuck in the kitchen, and assaulted the victim by using the victim's buck as if he did with the victim's sludge for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of a police officer concerning D (victim);

1. Police seizure records;

1. Photographs of the suspect;

1. Application of Acts and subordinate statutes to a criminal investigation report (including the submission of a medical 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] Where the area to be mitigated (one year and six months of imprisonment or two years and six months of imprisonment), the area to be mitigated (including a special mitigation), the area to be mitigated (including a serious effort to recover damage), or considerable damage (limited to a decision of a sentence] under Article 62-2 of the Criminal Act on Probation, and the method and contents of the crime, such as assaulting the victim to put the victim in a critical condition; the degree of the injury is not easy; the degree of the injury is not easy; the victim is not subject to punishment for the defendant; the victim also uses violence against the defendant's violence; the victim commits the crime of this case which is contingent as a result of misunderstanding; and the victim does not have any previous conviction;

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