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Reasons
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(영문) 대구지방법원 상주지원 2015.12.22 2015고단529
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2015, the Defendant: (a) around 15:15, around 15, 2015, within the D main points located in Dong-si, and (b) around 15:15, on the ground that the Defendant expressed the victim’s complaint against the victim E (the 58 years of age, South Korea) on the part of the victim, caused the victim’s face at one time, and caused the beer’s disease, which is a dangerous object on the customer’s face, and led the victim’s head to the victim’s head, thereby making it impossible for the victim to know the number of days of treatment; and (c) the main part open.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (injury of a victim);

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. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area (1st and half years) of habitual injury, repeated crime injury, and special injury (1st and half years), [2nd and six months] mitigated area (1st and half years] [1st and half years] the Defendant did not have any past record of exceeding a fine for the latest five years, and the Defendant agreed smoothly with the victim. The Defendant’s age, character and behavior and environment, motive, means and consequence of the crime, and circumstances after the crime, etc. are considered, and the sentence is imposed as ordered in the instant case.

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