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(영문) 대구지방법원 안동지원 2014.10.31 2014고단435
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 26, 2014, the Defendant, at permanent residence C around 17:35 on May 26, 2014, entered a part of the victim's clothes one time with knack, which is a dangerous object that the victim E (the age of 67) was clicked with F and large interest, and that the victim E (the age of 67) was clicked with F.

Therefore, the defendant used dangerous things to put up the body of clothes in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to investigation reports (victim photographs) and investigation reports (Attachment 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] In light of the following: (a) the mitigation area (one year and six months to two years and six months) of habitual injury, repeated crime injury, and special injury (one year and six months) [Special Mitigation] of minor injury [Pronouncement] of the mitigation area (one year and six months to six months] (the decision of sentence] the risk of the Defendant’s act and the agreement with the victim are not reached; (b) the Defendant’s liability for the crime cannot be deemed less; (c) the Defendant appears to recognize and reflect his/her mistake; (d) the degree of damage to the victim is not significant; (d) the Defendant was not able to pay a fine on one occasion; and (e) the Defendant is an elderly person; and (e) the Defendant selected suspension of execution.

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