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(영문) 대구지방법원 2015.11.19 2015고단4164
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 August 4, 2015, the Defendant: (a) around 21:40, around 21:40, at the D restaurant located in Busan Metropolitan City, together with the victim E (the age of 40) and caused injury to the victim, such as brain, which is a dangerous object on the table table, by breaking the victim's recommendations for the management of all kinds of hospitals; and (b) one time, the victim's head was placed on the table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical 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. 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. The reason for the sentencing of Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) of the suspended sentence [the scope of recommendation] the mitigated area (1.6 to 2.6 months) of habitual injury, repeated crime injury, and special injury [1.6 months] [1.6] of mitigation area (1.6 to 2.6 months] [1.6] of the mitigation area (1.6.6 months] of the crime in this case] where the crime in this case is committed in a case where the victim was injured with dangerous articles and is highly dangerous as a case where the victim was injured, and the fact that the victim did not receive a letter from the victim until now is disadvantageous to the defendant.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the defendant has divided his mistake, appears to have reached a contingent crime; the defendant has deposited three million won for the victim in the course of a public trial; the defendant has no previous conviction in addition to two different kinds of fines; the defendant has the age, character and conduct, environment, motive, means and consequence of the crime; and all other conditions of sentencing, such as the circumstances after the crime, etc.

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