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(영문) 대구지방법원 포항지원 2015.07.16 2015고단250
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

On March 15, 2015, around 19:25, the Defendant listened to the Defendant’s desire of the Victim E (the age of 42) in front of the D cafeteria toilet located in Nam-gu, Nam-gu, Seoul at port, to “nit the baby,” and gate ( approximately 20 cm in length, approximately 7 cm in width) that is a dangerous object on the front of the toilet, and caused the Defendant to inflict an injury on the victim by taking up the head part of the victim’s head, which is about 20 cm in front of the toilet.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (shots, etc. used by a suspect);

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. The reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Article 62 (1) of the Criminal Act: Where the victim is fully responsible for the occurrence of a crime or the expansion of damage even to the mitigated area (one year and six months of imprisonment, or two years and six months of imprisonment] [Special Mitigation] (the decision of sentencing] (the method and form of crime, such as taking the head of the victim into the top by a brick, and taking the head of the victim into the top): The fact that the degree of injury is relatively minor; the victim is not subject to punishment; the victim is deemed to have committed the crime of this case first and contingently after hearing the desire of the victim; the fact that there is no criminal conviction; and there is no punishment exceeding the fine after having been sentenced to a suspended sentence for the preceding twenty-three years;

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