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(영문) 대구지방법원 상주지원 2014.10.14 2014고단424
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 00:40 on May 30, 2014, the Defendant continued to contact the victim E (the age of 18) in front of the road located in C at the time of residence, and the victim E (the age of 18) who is the latter may not contact the Defendant’s female-friendly Gu, despite the fact that the victim continued to contact the Defendant’s female-friendly Gu, and that the victim was at one time, a dangerous object in the vehicle string of the Defendant’s vehicle ties (the length of 76 cm) and the victim’s side gate.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as salt, tension, etc. in need of medical treatment for about 21 days.

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. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing under Article 48(1) of the Criminal Act of forfeiture [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury, category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigation area (one year to two months), the mitigation area (including efforts to recover damage), the mitigation area), or considerable damage (the decision of sentence] (the decision of sentence] there is no history of criminal punishment for the defendant, the defendant agreed smoothly with the victim, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be considered and sentenced as the order.

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