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(영문) 대구지방법원 2014.12.19 2014고합571
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above punishment shall be executed for two years from the date when this judgment has become final and conclusive;

Reasons

Punishment of the crime

On July 31, 2014, at around 14:30, the Defendant: (a) heard the victim’s phrase “Isari. Isari? Isa? Isa? Isari? Isa? Isa? Isari?? Isa? Isari?? Isari?? Isa? Isari?? Isa? Isari?? Isa? Isa?? Isa? Isari?? Isa?? Isa? Isa?? Isa?? Isa? Isa?? Isa? Isa??

The head of the victim is one time, the head of the victim is the head of the victim, and the head of the victim is the studio.

Sickly, the victim attempted to be injured by the victim, and the victim was in need of approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes on the diagnosis certificate of injury, the upper part photographic;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 (1) and (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The range of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] shall be the mitigated area (one year and six months from one year to two years from one year and six months from one year and six months from one year and six months from one year and six months from the special injury).

3. Determination of sentence: One and half years of imprisonment, two years of suspended sentence, and the crime of this case on probation is a death that is a dangerous article for the defendant.

Sickly, the victim's head was cut off once and a approximately three-day medical treatment was provided, and the crime is not good considering the method of the crime and the degree of the injury.

In addition, even if the defendant had previously been punished for the same crime, the same kind of crime is again the same.

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