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(영문) 대구지방법원 2014.09.26 2014고단3476
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

On May 15, 2014, at around 23:30, the Defendant: (a) received a meeting with members of the Youth Council; (b) made a dispute with the victim E (the age of 34) while making a reply; (c) made the head of the victim due to a fluor’s disease, which is a dangerous object; and (d) led the victim to a stimulgion that requires approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a case, a written diagnosis of injury, report on internal death, and victim appearance;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing below) of the suspended sentence is to be taken into consideration as favorable circumstances, such as the confession of the facts of the crime, the violation of one’s mistake, the agreement between the victim and the defendant was made smoothly, and the fact that the defendant has no criminal record exceeding the fine, etc. In addition, the punishment shall be determined as ordered in consideration of the various reasons for sentencing as shown in the arguments in the instant case, such as the defendant’s age, character and behavior, intelligence and environment, intelligence and family relationship, motive, means and consequence of the crime, the motive, means and consequence of the crime, the circumstances after the crime was committed, etc., and the sentencing guidelines [the group of violent crimes, habitual injury, injury by repeated crime, special injury

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