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(영문) 대구지방법원 2014.06.19 2013고단4742

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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

Punishment of the crime

1. At around 23:40 on April 26, 2008, the Defendant: (a) opened an emergency, etc. at the entrance of the Dotour in Young-si; (b) on the ground that the Defendant reported it to the Dotour, F, who was the owner of the Dotour, and reported it to the Dotour; (c) found the above F in the Dour; (d) however, there was no defect that the said F does not deny G, the Defendant collected an empty water purifier gate from the Dour; and (e) destroyed the Defendant’s car by gathering the 1,727,678 won at the expense of repairing the car, such as the set-down.

2. The Defendant reported the situation in which the victim J (30 years of age) was trying to buck the above G at the above time and place, and prevented the Defendant from putting the victim out to the floor, and caused the victim’s bucks sub-branch and bucks to several times, and buckbucks, which are dangerous objects in the above location, brought the victim’s head at a single time, and led the victim to a fuckbuck trade requiring approximately one week treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to H and J;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act (the point of causing bodily injury to a dangerous article) and Article 366 of the Criminal Act;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury) shall be subject to the mitigated area (one year and six months to six months), (one year and six months, the lowest limit, in relation to concurrent crimes under the former part of Article 37, to which the sentencing guidelines are not applicable;

[Pronouncement of sentence] The victim, who is a dangerous thing for the defendant, is a fire extinguisher.