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(영문) 대구지방법원 포항지원 2014.05.21 2013고단572
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

At around 16:40 on May 3, 2013, the Defendant walked to the victim C (the age of 43) while drinking 10 persons and alcohol at the plaza of the port area in the Northern-gu, Northern-gu, the Defendant: (a) placed 10 people and drinking alcohol; (b) placed the victim’s me at her end; (c) placed the victim’s her end at her end; and (d) placed her end at her end; and (e) placed an empty baby, which is a dangerous thing in the place, at her end at her end at once; (b) placed the victim’s face at her port; and (c) caused injury on the part of the victim, walking the victim at several times, leaving the victim’s left head and her finger, leaving the her finger and her finger, and caused her tear to the number of days of treatment days at her end.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the standing part and on-site photographs;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] The basic area (two to four years) of the type 1 of the habitual injury, repeated injury, and special injury (the scope of habitual injury, repeated crime, injury, and special injury) [the decision of sentence] [the defendant has a record of being punished several times of violence] [the defendant has a record of being punished several times of crime by violence], the defendant committed the crime of this case even though he was under suspended sentence due to the crime of bodily injury resulting from indecent act by compulsion, and did not agree with the victim, the defendant shall be sentenced to imprisonment with prison labor; the defendant is punished by imprisonment with prison labor, considering the fact that the defendant is led to confession and rebuttal of the crime; the defendant's age, character and conduct, environment, family relationship, etc.; and other various sentencing conditions as shown in the arguments of this case

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