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(영문) 대구지방법원 2015.03.05 2015고단345
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 December 6, 2014, the Defendant, at around 01:40 on December 6, 2014, performed the victim E (27 years of age) and alcohol within the main point of 'D' located in Gwangjin-gu Seoul Special Metropolitan City, on the ground that the victim gets her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes on photographs of damage;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The mitigated area (one year and six months to six months) of the mitigated area (one year and six months), (one year and six months of the repeated injury, repeated injury, and special injury) [Special Mitigation] [Determination of Sentence] the Defendant again committed the instant crime despite the fact that the Defendant had been punished five times for violent crimes; the Defendant’s act of taking the head of the victim due to two main diseases, which are dangerous objects, is highly likely to cause serious injury to the victim and thus requires punishment corresponding thereto; the degree of such injury is not serious; the Defendant was agreed with the victim; the Defendant recognized the mistake; the motive, background, means and methods of the instant crime; the circumstances before and after the instant crime; the Defendant’s age, character, behavior, experience, etc. as well as various orders shall be determined by comprehensively taking into account various circumstances.

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