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(영문) 대구지방법원 2014.12.04 2014고단5175
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 6, 2014, at around 18:00, the Defendant stated that “A victim E (V, 31 years of age) with delay disability 1, who was working and drinking in front of a restaurant located in Daegu Northern-gu C, would have been suffering from a delay.”

The Defendant: (a) laid down the brush of the brush with the brush, laid down the brick, which is a dangerous object on the floor of the brush; and (b) laid the brush of the brush with the brush and laid down the brush, and laid down the brush, which requires treatment for about two weeks to the brush.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (two to four years) (two or more years) of the category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi) [Determination of sentence] The fact that the defendant inflicts an injury on the injured female who is a person with a physical disability who is a dangerous object, and the nature of the crime is not good: Provided, That the degree of such injury is not much severe, and the defendant is repented and reflected, and other various circumstances such as the motive, background, means and method of the crime in this case, circumstances before and after the crime, the defendant's age, character and behavior, career, environment, etc. as shown in the arguments in this case, shall be determined as the sentence as per Disposition.

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