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(영문) 대구지방법원 2016.05.03 2015고단5892
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On October 16, 2014, the Defendant was sentenced to a suspended sentence of two years on October 24, 2014 by the Daegu District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving of a driver, etc.) and the embezzlement of deserted articles in possession, and the judgment became final and conclusive on October 24, 2014, but is currently serving in the Daegu Detention Center as of November 12, 2015 according to the decision to revoke the suspended sentence.

2. Around 01:00 on August 12, 2015, the Defendant demanded that 1.50,000 won be paid in money loaned to the victim D (52) and Dog-gu in Daegu-gu, Daegu-gu, and residential room prior to drinking alcohol. However, the Defendant confirmed that Dog-gu had no money borrowed, and that Dog-gu had no money borrowed, the Defendant 1.50,00 won was inflicted an injury on the victim, such as inside and outside walls, where Dog-gu, Daegu-gu, and Dog-gu, Seoul-gu, and Dog-gu, where Dog-gu had no money borrowed by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A report on dispatch to the scene of violence;

1. A photograph of the upper part of the body;

1. The application of the law to the written request for medical examination and treatment [the defendant asserts that the victim D did not inflict any injury on the victim D due to an illness, and D also stated in this court that it is not well memoryd as to whether he/she had a fact that he/she had a disease due to an illness from the defendant. However, since D's police statement made immediately after an accident is specific, as well as each image of his/her upper part of his/her body photograph and destroyed part of his/her body photograph, it can be sufficiently recognized that the defendant inflicted any injury on the victim due to an illness];

1. The reason for sentencing under Articles 258-2(1) and 257(1) of the Criminal Act concerning facts constituting an offense - Unfavorable circumstances: the defendant has the history of having been punished several times for violent crimes, and the Daegu District Court on October 16, 201.

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