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(영문) 대구지방법원 서부지원 2015.11.26 2015고단1149
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On December 5, 2013, the Defendant was sentenced to a suspended sentence of two years and six months for a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act, a deadly weapon, etc., and the said judgment became final and conclusive on December 13, 2013.

(1) On August 19, 2014, at around 00:50, the Defendant: (a) performed the victim E (the 47 years of age) and drinking on the front of the D-road located in Daegu-gun, a cargo driver belonging to the same company; (b) went back to the cargo lane of the victim; and (c) piracy (the total length of 60cm) was dangerous to the cargo vehicle of the victim; and (d) sought the victim from the cargo vehicle, one time the part on the right side of the victim’s right side by the piracy; (b) the victim was able to get off the cargo vehicle from the cargo vehicle; and (c) the victim was able to get off the body of the victim beyond the bottom of the body of the victim; and (d) the victim was divided into part on the part of the victim, who was in need of medical treatment for about 2 weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on internal investigation (Attachment of field photographs), and a report on internal investigation (Attachment of piracy photographs);

1. Investigation report (Attachment of a photograph of the damaged body), investigation report, - Attachment of a medical certificate;

1. Previous for judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of facts of crimes during the period of probation of a suspect);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was punished several times due to the same kind of crime, etc. In particular, the defendant was sentenced to a suspended sentence for one year and six months on the ground of a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc. (a collective action, a deadly weapon, etc.) around December 2013.

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