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(영문) 대구지방법원 상주지원 2015.07.21 2015고단211
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

At around 11:40 on May 3, 2015, the Defendant, while drinking alcohol together with the victim E (54 years of age and south) on a D restaurant located in the Gancheon-gun, Gyeongcheon-gun, the Defendant: (a) tried to hear the desire from the victim; and (b) got the victim of an empty son’s disease, which is a dangerous thing that had been tabled at the same time; and (c) sustained the victim’s injury, such as cerebral dys, in detail as the need for treatment for about 21 days, according to the victim’s interest.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury and Special Bodi Bodi Bodily Injury) (1 year and 6 months) (1 year and 2 years and 6 months)) in the mitigation area (1 year and 207) (a person who is subject to special mitigation] ; although there was a criminal conviction for the defendant in 2007, there was no record of criminal punishment for the last six years; and the defendant's age, character, character and environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered to be considered

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