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(영문) 대구지방법원 상주지원 2014.07.01 2014고단138
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 21:30 on December 13, 2013, the Defendant: (a) expressed the victim E (the aged 42) who was not good between the Defendant and the victim E (the aged 42) with the trade name on the D market 2nd floor located in Seodaemun-si; (b) expressed the victim’s desire to “Ewp” in his hand; and (c) brought an injury to the victim, such as brain dys, which requires treatment for about 21 days, by putting the victim’s a part of the ma, which is a dangerous object on the table, on his hand, and putting the victim’s a part of the cryp, and making two times of drinking, the Defendant sustained the victim’s cryp, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of three copies of photographs to Acts and subordinate statutes;

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 (see, e.g., Reasons for the following sentencing):

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Criteria for sentencing [Scope of Punishment] [Determination of Punishment] Crimes of violence, between one year and six months, and not more than 15 years (Determination of type] / Special Injury/Specially Injury (Specially Injury): Reduction element of punishment: In the mitigated area of punishment [Recommendation area and Recommendations], mitigation area of punishment, one year and six months through two years and six months (whether suspended of execution is suspended of execution of sentence], major reasons for entry: Where a person commits a crime by carrying a deadly weapon or other dangerous articles with him/her, the principal reason for entry: A person who is not subject to punishment;

2. Although the degree of injury suffered by the victim subject to the decision of sentencing is not minor, the defendant does not have the same criminal records, and the defendant has agreed to do so smoothly with the victim after the prosecution of this case, the defendant's age, character, conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., and the sentencing factors specified in the arguments of this case, such as the circumstances after the crime, etc., shall be sentenced to the punishment as shown in the order of sentencing within the range of recommended sentencing guidelines.

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