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(영문) 대구지방법원 상주지원 2015.07.21 2015고단268
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 21:00 on April 28, 2015, the Defendant inflicted injury on the victim C (the 47-year-old) who was the same Ne-ray in the Dong-dong where he was permanently living together, on the ground that the victim C (the 47-year-old-dong) had expressed his desire to himself, such as the victim’s face one time, two times in the face of the victim, four times in the face of the victim, two times in the diameter, and one half in the shoulder, etc., including about six weeks of the victim’s face, four times in the mouth, and more than two times in the shoulder, and the other injury, such as the other damage, the left-hand side heat, etc., of the victim, which is a dangerous object, ( approximately 120cm in length, approximately 3cm in the diameter).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area (1st and half years) of habitual injury, repeated crime injury, special injury (1st and half years), the mitigated area (1st and half years) [2nd and six months] of punishment (1st and half years) of the mitigated area (1st and half years), the decision of sentence does not have the same criminal record for the defendant, and the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., shall be sentenced to punishment as ordered in consideration of the sentencing conditions as

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