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(영문) 대구지방법원 김천지원 2015.09.03 2015고단556
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

Around 01:00 on March 15, 2015, at D main points located in Gumi-si C, the Defendant: (a) went together with the victim E (25 years of age) who was friend and friend, and the victim was frient, but the victim was frient to the above main points on the ground that the victim did not properly perform his friend but did not properly perform his friending act; (b) taken off the camping net (1m in length) which is a dangerous object at the vehicle between the Defendant’s vehicle and the vehicle of the victim parked at the above main points in the future; and (c) took the victim’s face one time with the other friending net; and (d) continued to friend the vessel one time with the back side and left side side, and closed the part of the victim’s head one time with the main of the vehicle that was in possession with the body of the victim into the left side of the body of 9 week.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and E;

1. Investigation report (to hear the details of counter-victims and attach photographs to the victim), investigation report (to take photographs of a vehicle used by a suspect when he/she has taken the head of the victim), investigation report (to take photographs of the vehicle when the suspect has taken the head of the victim), and investigation report (to check CCTV on the site

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (in cases of attaching a medical certificate), investigation report (in cases of attaching photographs of the current status of the victim and his/her head photograph);

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. The primary crime under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the primary crime under Article 53 and Article 55(1)3 of the Criminal Act, and the criminal defendant seems to have committed any contingent crime under drinking alcohol, reporting the victim's head immediately after the crime was committed, reporting the victim's mind to go out, and sending the victim to a hospital. After the crime, the victim paid 40 million won to the victim and agreed that the victim was the wife of the defendant, the victim was her depth while making a confession of the crime, and other criminal defendants are able to repent their errors.

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