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(영문) 대구지방법원 2016.01.07 2015고단5590
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On November 14, 2015, around 09:44, the Defendant: (a) while driving a motor vehicle in front of the Ayang C (54) with a view to the installation of a road underground telecommunications cable in Daegu-dong-gu, Daegu-ro, 97-1, the victim C (54) who was in control of the vehicle was rapidly fluored to a sudden stop signal, was dissatisfied with the victim’s complaint; and (b) was arguing the victim following the public toilet located on the right side of the said Awyang-gu, the Defendant laid down the brick, which is a dangerous object located far away from the said place, and laid down the part of the victim’s head on one occasion, and caused the victim’s injury of two strings and two dys that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographss of parts of the victim's injury, and brick photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [the scope of the recommended sentence] habitual injury, repeated crime, special injury, etc. (Habitual injury, repeated crime injury, special injury) in the mitigation area (one to two years and six months), where punishment is not imposed (including efforts to recover damage), or considerable damage has been restored (the decision of the sentence] where the defendant gets the head of the victim by a brick, and the risk is very high: Provided, That the degree of injury is not heavy, and the defendant has agreed with the victim by paying KRW 2,00,00 to the victim, and the defendant has divided and reflected the error, and other circumstances such as the motive, background, means and method of the crime, the circumstances before and after the crime, the defendant's age, his personal career, and other circumstances described in the arguments of this case, and the order and other circumstances shall be determined by comprehensively taking into account the following circumstances:

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