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(영문) 대구지방법원 경주지원 2015.05.14 2015고단4
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2014, the Defendant: (a) 21:10 on November 29, 2014, the victim E (the age of 43) who was seated in the side of the victim and the name of the victim after drinking alcohol together; (b) took two times the chests of the victim who was pushed down due to two descendants; (c) taken the ves of the victim, which is a dangerous thing in the above place, into two hands, taken the back head of the victim at one time; (d) continued to take the back head of the victim at one time; (e) took one time the victim’s face; (e) taken one time the victim’s body was damaged; and (e) taken one time the victim’s body was damaged by drinking; and (e) taken one time the victim’s face was dried; and (e) taken one time the victim’s body was dried by taking part in the victim’s body; and (e) took part in the treatment, such as taking part in the victim’s body once a week.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment of a photograph on the upper part of the victim), report on internal investigation (Attachment of a photograph of the suspect used by the suspect), internal investigation report (verification and attachment of a written diagnosis of injury submitted by the victim E), investigation report (verification and attachment of a written diagnosis of injury by the victim E), investigation report (a confirmation of the injured part of the victim E and attachment of photographs), investigation report (a confirmation of the person who has attempted to commit an act inside and outside of the crime scene of the A), investigation report (a confirmation of the identity of the person who has attempted to commit an act) (a confirmation of CCTV of the D main points in which

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence shall be sentenced in the case where the mitigated area (one year and six months to two years), the mitigated area (special mitigation), the punishment not (including serious efforts for recovery of damage), or considerable part of damage has been recovered.

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