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(영문) 대구지방법원 2013.05.10 2013고단1852
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

On January 25, 2013, at around 04:00, the Defendant inflicted injury on the victim E (n, 20 years of age) who entered a contact loan from the D main points located in Daegu Suwon-gu C, on the ground that the victim E (n, 20 years of age) was humbbbbing the atmosphere, and was faced with the victim's face for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to an investigation report (as to 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. The scope of recommending sentence based on the sentencing guidelines for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: violence, special injury, basic area, imprisonment with labor for a period from 2 years to 4 years: the defendant led to the instant crime and reflects it, and there are favorable circumstances such as the primary offender.

However, in light of the fact that the defendant was faced with a dangerous female victim's face and left a deep upper body on the part of the victim, knife, knife, knife, knife, and the victim seems to require treatment in the future, but the victim did not make efforts to recover from damage, and that the victim did not receive any knife from the victim as well as the victim wanted to be punished by the defendant, the defendant shall be sentenced to punishment.

However, in consideration of the favorable circumstances as seen earlier, a sentence with the lowest legal penalty shall be imposed.

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