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(영문) 대구지방법원 포항지원 2015.10.22 2015고단714
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

피고인은 2015. 4. 27. 22:10경 포항시 남구 C에 있는 'D 노래클럽'에서 술을 마시던 중 자신 일행과 옆 테이블에 앉아 있던 피해자 E(55세) 일행들 사이 대화 내용을 오해하여 피해자 일행들에게 다가가 항의하다가 피해자가 피고인에게 돌아가라고 하자 화가 나 그곳에 있던 위험한 물건인 맥주병을 들어 피해자 어깨 부위를 1회 내리치고 피해자를 붙잡고 함께 바닥에 뒹굴었다.

The defendant prevented the victims from committing any act, took the victims out of the singing club, and took the victims out of the singing club, and took the victim's face several times.

As a result, the Defendant carried dangerous things and inflicted an injury such as an internal and alley that could not be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The statement of each police officer made to F and G;

1. A copy of medical records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of case-related photographs), and report on internal investigation (related to telephone conversations between H and H that had been on the spot);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] Where the mitigated area (one year and six months of imprisonment or two years and six months of imprisonment), the mitigated area (including a special mitigation), the punishment is not imposed (including a serious effort to recover damage), or considerable damage is recovered (a decision of sentence] unfavorable: A crime is committed in light of the method and contents of the crime, such as taking the damaged part of the victim by a beer who is a dangerous object, and taking part of the victim several times, and taking part of the victim by walking together several times due to the occurrence of the danger, and the attitude and form of the crime.

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