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(영문) 대구지방법원 2013.09.03 2013고단4582
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 02:00 on March 18, 2013, the Defendant, while making a dispute with the victim E (the age of 35) who performed drinking together at the Djust point located in the Gluran Group C on the ground that the victim E (the age of 35) took a bath, the Defendant inflicted an injury on the victim, such as double heat, which requires a treatment for about seven days by taking the victim’s head into consideration at one time, due to a beer disease, which is a dangerous object on his/her customer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to investigation reports (such as photographs of the upper part of the victim and on-site exit status);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. The reason for sentencing under Article 62(1)(a) of the Criminal Act, which is favorable to the reasons for the suspended sentence, is contingently committed the instant crime, and the Defendant committed the instant crime in depth with his or her mistake. The Defendant and his or her children have agreed to support the Defendant, and there are only the previous conviction of the fine, and the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the instant crime, and circumstances after the commission of the crime, etc. are considered in consideration of various factors of sentencing as indicated in the instant pleadings.

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