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(영문) 대구지방법원 안동지원 2016.02.12 2015고단810

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 18, 2015, the Defendant suffered injury, such as a nivers, knife, 50 years of age, which is a dangerous thing on the customer of the ward (23 cm in total length, 13 cm in length) by taking a knife that the Defendant would have divorced from the injured party at his or her residence located in C at a permanent residence of around 19:30 on November 18, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. A report on internal investigation (attaching criminal scene and photographs of deadly weapons);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant, while fighting a couple, was at a knife and the part of the victim's knife is not good, and that the defendant did not commit the crime of this case in a usual manner. The defendant did not seem to have committed the crime of this case in a state of 6 knife in a state of 6 knife, and the victim is punished by contingently by taking into account all the favorable circumstances such as the defendant's age, sexual behavior and environment, circumstances after the crime, etc., such as the defendant's knife and circumstances after the crime, etc., and determined the punishment as ordered.