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대구지방법원 2014.11.21 2014고단4648
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Violation of the Punishment of Violences, etc. (Bodily Injury by Group, Deadly Weapons, etc.) The Defendant abused the victim C (the age of 19) who is a subsequent vessel of his/her middle school, and inflicted an injury on the victim, such as salted fright, etc. of the father, which requires approximately two weeks of medical treatment, on the ground that the victim raised his/her appearance, around 01:30 on August 26, 2014, 12-1, 35-1, a high-ro Maro-ro 12-1, a Daegu Citizens Standle Standlele, a dangerous object carried out in the Defendant’s home after leaving the victim in the front public room behind the Daegu Citizens Standle Standle (the length 130cm).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. C’s statement;

1. Application of Acts and subordinate statutes to report the occurrence of violence, investigation report (specific as a suspect), investigation report (as to attachment of the victim's body photo and diagnosis report), injury diagnosis report, investigation report (as to attachment of the victim's body photo and diagnosis report), and investigation report (as to the camping and exit room used as a criminal exit);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. against Crimes, and Article 257 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as a favorable circumstance among the reasons for sentencing) of the suspended sentence is as follows: (a) the accused confessions the facts of crime and reflects his mistake; (b) compensates the victim for the damage; (c) the victim and smoothly agrees with the victim; (d) the degree of injury appears to be a contingent crime under the influence of alcohol; (b) the degree of injury appears to be relatively minor; and (c) the accused does not have the same kind of criminal record, other favorable circumstances, such as the Defendant’s age, character, behavior, intelligence and environment; (d) family relationship; (e) the motive, means and consequence of the crime; and (e) the sentencing guidelines [the group of violent crimes, habitual injury, repeated injury, special injury, Type 1, mitigated area; (e) imprisonment with prison labor for a year and June 1, 200].