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(영문) 대구지방법원 2014.04.22 2014고단1324
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

On December 28, 2013, the Defendant: (a) around 21:56, at “Dking practice room” located in Daegu-gu, Daegu-gu, Daegu-gu, the Defendant: (b) was in the victim E (the age of 66) who was drinking and singing in singing on the part of the victim’s singinging of dangerous articles; (c) was in the face of the victim’s singing of bed and singinging of bed and sing down; and (d) the said bed and sing down of the instant bed and sing

As a result, the defendant carried dangerous things and carried them with the victim who was unable to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to field photographs and standing 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 (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) of the suspended sentence is divided into the defendant's mistake, and the defendant has agreed to do so smoothly with the victim. The defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and various reasons for sentencing as shown in the arguments, such as the crime of violence within the sentencing guidelines, habitual injury, repeated injury, special injury, type 1, mitigation area, one year and six months of the recommended sentence, and one year and six months of the recommended sentence.

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