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(영문) 대구지방법원 영덕지원 2014.08.13 2014고단59
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

At around 16:40 on March 15, 2014, when the Defendant embarked on a bicycle on the road near the Henung-gun, Young-gun, Young-gun, a driver, on the ground that the victim C (the victim 30-year-old) (the driver) followed up and satisfing the breath of the victim with his left hand, and satisfing the victim by drinking the breath, which is a dangerous thing on the floor, (Garo 7 cm, vertical length 7 m). On the part of the victim’s left head, the Defendant satisfing the part of the victim’s left head (Garo 7 cm, vertical length 7 mm) and satisfing the part of the victim’s body, which is dangerous thing in the right side of diving, and satisfing the part of the victim’s body part necessary for the victim’s treatment by harming the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C or D;

1. Police seizure records and inventory of seized articles;

1. Application of investigation reports (including photographs attached to the victim's upper part and excessive photographing photographs), investigation reports (including photographs attached to each screen fix), investigation reports (including photographs attached to each screen fix), investigation reports (including cases of hearing the victim's statement on the upper part of the body), investigation reports (including cases and photographs attached to the front part of the body), investigation reports (including photographs attached to the front part of the body of the body of the victim), investigation reports (including cases and photographs attached to the front part of the body of the body of the victim), and Acts and subordinate statutes;

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 (see, e.g., the following part of the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (affirmative for suspended sentence among the reasons for sentencing below)

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. One year and six months of imprisonment with prison labor within the scope of the recommended sentencing guidelines, - two years and six months (the sentencing guidelines for violent crimes shall be 02-1 areas of special injury mitigation (the factors of mitigation: minor injuries and partial damages shall be mitigated).

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