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(영문) 대구지방법원 김천지원 2014.01.16 2013고단1412
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

At around 22:00 on October 3, 2013, the Defendant asked the victim C (the 22 years of age) who drinks alcohol at E-cafeteria located in Gu, Si, Si, Gu, to use smartphones to “I will not take such alcohol, so you can see it by telephone at the same time.” However, the Defendant asked the victim to “I will am going back by telephone at the new wall.” On the other hand, I would like to find the victim’s residence in F building 503, and find the victim’s face and chest part by drinking. I would like to find the victim’s residence in the F building 503, and am boomed with a tree, which is a dangerous object within the victim’s room. On the other hand, when the victim can take part of the part of the victim’s arms and bridge as a bridge, I would like to put the victim’s arms and legs part into two weeks following each other.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing [Determination of types] of violence (Article 32(1)3 and (2), Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation : (i) habitual injury, repeated injury, special injury, special injury (special person in a special appearance] - mitigated element: In the mitigated area [decision of the recommended area] / [decision of the mitigated area] / [decision of the mitigated area] / [decision of the recommendation area] 16 to 2 years and six months / [Suspension of execution] - In the case where a person committed an act by carrying a deadly weapon or other dangerous object with a deadly weapon or other dangerous object: The reason for the principal commitment: There is no positive injury or criminal punishment - there is no endeavor to recover adverse damage - there is no general reference reason: positive.

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