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(영문) 대구지방법원 2015.03.24 2014고단6358
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 became final and conclusive.

Reasons

Punishment of the crime

At around 22:50 on December 1, 2014, the Defendant inflicted an injury on the victim, such as “Dnoman’s disease in Yongcheon-si C,” which is a dangerous object from the victim E (Nam, 38 years of age), whose head was drinking from the victim E, and where the victim was faced with an injury to the victim, such as “an open room in the area of snow bomb and snow bomb,” which requires treatment for about 20 days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Eight copies of a report on internal investigation (Attachment of photographs), photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

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 suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] The mitigated area (one year and six months to two years) of habitual injury, repeated crime injury, and special injury [the scope of the sentence] of the mitigated area (one year and six months to six months), the punishment not (including serious efforts to recover damage), or considerable damage is recovered (the decision of the sentence] of the crime of this case where the crime of this case is likely to inflict an injury on the victim due to dangerous articles, and the degree of the injury of the victim is not somewhat weak.

However, the defendant's mistake is divided while committing the crime of this case, and the victim wants to take the defendant's wife against the defendant by mutual consent with the victim, the defendant has no criminal record other than a fine once every kind of fine, and the defendant's age, character and conduct, environment, motive, means and result of the crime, etc., and the punishment shall be determined as ordered in consideration of all the conditions of sentencing, such as age, character and behavior, environment, motive, means and consequence of the crime

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