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(영문) 대구지방법원 2013.06.20 2013고단2790
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 March 23, 2013, at D main points located in Daegu Northern-gu C on March 23, 2013, the Defendant laid the face of the victim E (n, 40 years of age) who is an entertainment entertainment entertainment entertainment entertainment and drinking while drinking alcohol, and laid the victim with 14 days of treatment, the Defendant called the victim, the left-hand eye, and the mustab, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act, the instant crime constitutes a special injury by violent crime group, and the scope of recommendation is from 1 year to 6 months from 1 year to 2 years (special mitigation area - minor injury, and not subject to punishment).

Since the defendant used dangerous objects to inflict bodily harm on the victim, it is necessary to strictly punish the risk.

Provided, That the defendant does not want the punishment against the defendant by mutual consent, the victim's degree of injury is minor, and the defendant shall determine the punishment as ordered in consideration of all the circumstances, such as the fact that there is no record of criminal punishment in addition to the punishment once by a fine.

It is so decided as per Disposition for the above reasons.

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