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(영문) 대구지방법원 2015.03.19 2014고단6625
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

On November 17, 2014, at around 21:50, the Defendant collected a sprink (95cm in length) which is a dangerous object, and laid down the body part of the body part of the body part of the body part of the body of the victim, where it is impossible for the victim to know the treatment period, considering that the wife D was in front of the information room of the first floor of the building C, and that the wife D was in front of the victim E (the 46 years of age) who is a spacker, and that it was in a sprink.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Two copies of a 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 sentencing of Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for the sentencing below) of the suspended sentence [the scope of the recommended sentence] The mitigated area (1.6 to 2.6 months) of habitual injury, repeated injury, and special injury [1.6] [1.6] of the mitigated area (1.6 to 2.6 months), the punishment is not imposed (including serious efforts to recover damage), or considerable damage is recovered (1.6 rulings of the sentence] of the victim by assaulting the victim with the spepe, which is a dangerous object of the defendant, and the degree of the injury is not easy. On the other hand, the defendant is against the time of the crime in this case; the defendant has no previous and previous criminal records beyond the fine; the defendant has agreed to the victim only with the victim; the circumstances to be taken into account as a contingent crime; the defendant's age, character and behavior, environment, motive and consequence of the crime; and all the circumstances, such as the order and condition of the punishment after the crime.

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