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(영문) 대구지방법원 김천지원 2014.12.24 2014고단1312
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:10 on June 18, 2014, the Defendant reported the victim E (the age of 25)’s appearance that he did not work before the D office located in the Gumisi, and gave a warning to the victim on the ground that the victim said that he was “new mar,” but the victim said that he was a dangerous object (weight 10 kilograms, length 22 centimeters, width 20 centimeters), the face of the victim’s face was calculated on one occasion with the main object (weight 10 kilograms, length 22 centimeters, width 20 centimeters), the victim’s face was 3 times in drinking, and knee was kne, and the victim’s face was 7 times in need of treatment for about 4 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to criminal tools photographs and diagnostic reports;

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 degree of injury of the victim, including the means of committing the crime for sentencing under Article 62-2 of the Social Service Order Criminal Act and the risk of her appearance, is not weak, and the defendant's liability is not weak in that it is not an agreement.

However, taking into account all the circumstances, such as the fact that the person is a contingent crime, the fact that the person is partially responsible for the victim, the fact that the person has deposited six million won for the victim, the circumstances favorable to the fact that the person has no criminal record of suspension of execution or more, the recommended punishment according to the sentencing guidelines (type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi.........................

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