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(영문) 대구지방법원 2014.07.11 2014고단2508
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 26, 2014, at around 01:15, on the ground that the victim E (year 23) was desireed to take care of the road in front of the D University located in Daegu Northern-gu C, the Defendant took part in the face of the victim E by drinking, and the face of the victim E and the head part of the victim F (year 37) due to a minor disease, which is a dangerous object in the surrounding area, the Defendant took part in the face of the victim E and the head part of the victim F (age 37) for about two weeks to the victim F, and put about approximately three weeks to the victim E, and put about about three weeks to the close part of the bones, which requires three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused, G, H, E, and F;

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

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in light of his/her characteristics, since he/she is recognized as a juvenile);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The first crime for the reason of sentencing under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (amended by Presidential Decree No. 1 of the Act on the Suspension of Execution, Article 62(1) of the same Act, Article 60(3) of the Juvenile Act (amended by Presidential Decree No. 1 of the same Act), where the victim is fully responsible for the occurrence of a crime or the expansion of damage in the area of special mitigation (including any special mitigation) [Special Mitigation], where the victim is also responsible for the occurrence of a crime or for the expansion of damage, the second crime [the scope of recommending punishment] where the victim is not subject to punishment (including any advanced effort to recover damage) or considerable damage is recovered, the second crime [the scope of recommending punishment] the area of special mitigation [the area of special mitigation (9-2 months, and six months] (including any special mitigation] of minor injuries, the amount of punishment not paid (including any advanced effort to recover damage), or the area of damage most aggravated punishment according to the scope of punishment: From September 3 to September 9-3.

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