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(영문) 대구지방법원 2014.12.05 2014고단5408
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

The defendant and the victim C(n, 66 years old) are people operating a day care store in the vicinity of the E entrance located in Daegu Dong-gu, Daegu-gu.

At around 15:00 on August 17, 2014, the Defendant sold Saturdays to customers at the above place, and told that it was less than a day sold at the victim’s street room, and had the victim and the victim during the time, while taking a bath to “Chewing, the same opening, dead, and the victim, who was in motion, took a dangerous object for which he was seated, had the victim faced with the victim, and had the victim take care of about 14 days for the victim’s hair, shoulder, and arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each injury diagnosis letter;

1. Application of statutes on site photographs;

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. 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 of the suspended sentence [Scope of Recommendation] None of the basic area (two to four years) (two years) of the type (two-four years) of habitual injury, repeated injury, and special injury (short-term injury, repeated crime injury, and special injury) [Determination of sentence] of the sentence] of the basic area (one million won) of the defendant’s wrongness; the deposited amount for the victim; the degree of damage to the victim is relatively minor; the victim has no record of the offense committed against the defendant; the defendant has no record of the offense committed; the sentence shall be determined as per the order, taking into account the following circumstances: the defendant’s age, character and behavior, environment, motive or circumstance of the crime, means and consequence of the crime; and

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