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(영문) 대구지방법원 2014.11.20 2014고단2067
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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2014, the Defendant: (a) around 21:40, and around 21:40, the Defendant: (b) drunkd in D K-based singing practice room in Nam-gu, Daegu; (c) caused disturbance by breaking the table table without any justifiable reason; and (d) the victim E, who was a driving, carried the body of the Defendant and took away from the singing practice room.

In front of the above singing practice room, the Defendant laid out from the above scambucking around the above scambucking room, and 2 scam scam scam scam scam scamscam scamscams, which are dangerous objects to the Defendant’s hand, and put the victim E at the right side of the treatment days to the victim E.

Summary of Evidence

1. Legal statement of E;

1. Report on the scene of injury;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a photograph of the victim's upper part of the body);

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. The reason for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury, Type 1 (Habitual Injury, Bodi Bodi Bodi Bodily Injury), the special mitigation area (including nine months to two years), the minor injury, the non-execution of punishment (including efforts to recover damage), or the recovery of considerable damage (the decision of sentence] [the defendant has been punished several times for violent crimes, but he again committed the crime of this case, and the crime of this case is not good.

However, the crime of this case is likely to have been committed in a state of exploitation to the extent that the defendant is unable to memory how to harm the victim, it is difficult to see the degree of injury, and the victim does not want punishment against the defendant.

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