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(영문) 대구지방법원 포항지원 2014.12.12 2014고단1211
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

At around September 23:30, 2014, the Defendant: (a) while drinking alcohol in D in the south-gu, Nam-gu, Nam-gu, Sinpo-si, Sinpo-si; (b) stated that “the victim E (the 48-year-old) was frighten,” and “the victim was frighted to fright the flab,” and that “the flab, if the flab, was killed,” and flabed the victim’s flab, and flabed the victim’s head flab, which was on the table of the flab, caused the victim’s flaba, which requires approximately two weeks of treatment.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs (damage photographs of the E);

1. Investigation report (report on telephone statement and hearing of witness);

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case where the mitigated area (1 year and six months to six months), the mitigated area (1 year and six months to six months), the punishment not (including advanced efforts to recover damage), or considerable damage was restored (20 years to a certain extent) (the decision of sentence] of the crime of this case is deemed to have inflicted an injury on the victim by making the head of the Mack World Cup, which is a dangerous article of the defendant, the crime of this case is deemed to have been committed.

However, the fact that the defendant agreed with the victim, recognized the defendant's mistake and against it, there was no past record of criminal punishment within the last ten years, and there was no record of criminal punishment exceeding the fine until now, and the method and result of the crime in this case, the conditions of punishment such as the circumstances after the crime, age, character and conduct, family environment, etc. shall be determined as ordered by considering the following factors.

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