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(영문) 대구지방법원 2015.09.17 2014고단1036
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 September 3, 2011, around 22:30 on September 22:3, 201, the Defendant: (a) placed the window of the above room of the victim E (Nam, 56 years of age) in front of the Dins in Daegu-gu, Daegu-gu; (b) placed the window of the above room of the victim E, where the victim E (Nam, 56 years of age), was silentd; (c) 2 times the victim’s entrance to the victim due to drinking, and (d) took part in the part of the victim’s injury.

As a result, the defendant carried dangerous articles and inflicted an injury upon the victim who could not know the number of days of treatment, such as tearing about 4 cm of the victim's head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of each statute on photographs;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no basic area (2 to four years) (2 to four years) of the type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (1) of the same type (2 to 1) (2-4) of the same Act (a decision on a sentence of sentence] (a decision on a sentence of sentence) of the accused’s disease with his/

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant committed the instant crime contingently; (b) the Defendant’s mistake during detention; and (c) the motive, background, means and methods of the instant crime; (d) the circumstances before and after the instant crime; and (e) the age, character and conduct, career, and environment of the Defendant as shown in the pleadings of the instant case.

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