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(영문) 대구지방법원 2014.11.28 2014고단3446
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

On March 25, 2014, the Defendant 18:00, while drinking alcohol at the D cafeteria located in Daegu-gu, Daegu-gu, the Defendant 2014. On March 25, 2014, the Defendant 201: (a) the victim E, who was a customer, was seated in the next table B, made the victim’s head one time, which is a dangerous object in the Defendant’s table, put the victim’s head into the influence of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of Acts and subordinate statutes to a report on site entry in violent incidents;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. against Crimes, and Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is that the defendant inflicts an injury on the victim by using a dangerous weapon that is dangerous to the defendant, the victim did not agree with the victim and the victim wanted to be punished strictly. However, considering the fact that the defendant led to the crime, the defendant's confessions the fact of the crime and reflects his mistake, the damage seems to be relatively minor, the circumstance that the victim did not agree with the victim, the defendant does not have any criminal record at all, the defendant supports his/her children who are economically difficult and economically difficult, and other factors indicated in the arguments of this case, such as the defendant's health status, age, character and behavior, character and behavior, intelligence and environment, family relationship, motive, means and consequence of the crime, circumstances after the crime, etc., and the sentencing guidelines [the range of punishment of violence crime group, habitual injury, repeated injury, special injury, Type 1, mitigation area, and recommendation range] shall be determined in accordance with the sentencing guidelines (the order of June 1 and June 2].

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