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(영문) 대구지방법원 김천지원 2014.11.26 2014고단1160
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

The defendant and the victim C(50 years of age) are the relationship between the rear ship that came to know in the course of pressing.

On September 28, 2014, at around 20:40, the Defendant brought a beer’s face, which is a large and dangerous object, and brought the head of the victim several times, on the ground that the victim continued to take care of his/her rear education while having been unable to perform his/her rear education.

이로써 피고인은 위험한 물건을 휴대하여 피해자에게 약 4주간의 치료를 요하는 귓바퀴의 열린 상처 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police force against C;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to report internal investigation (on-site visit, etc.), each investigation report (to attach a victim's standing photo, and to attach a diagnosis report);

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. The criminal liability of a defendant is not exceptionally imposed in that the method and method of the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act is the method and risk of method, the degree of the victim's injury, and the records of punishment for the same kind of crime. However, contingent crimes are not taken into account in favor of the victim, the agreement with the victim and the victim wanting to take into account the facts that there is no violence before and after 192, and the extent of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment for habitual injury, repeated crime, special injury (the period between 1 and 26 months), the mitigated area of the mitigated area of the punishment [the scope of the punishment for habitual injury, repeated crime, the special mitigation area], and all other circumstances, including the defendant's age, character and behavior, environment, etc.

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