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(영문) 대구지방법원 김천지원 2014.04.16 2013고단1886

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 01:50 on November 7, 2013, the Defendant, at the main point of "E operated by D, which was known to P in the Gu, Si, Si, Si, Gu, and Dong, was in combination with the victim F (n, 21 years of age), the victim G (n, 37 years of age) who found D’s cell phone to be found to be the above main point, and performed without such examples as the victim G, on the ground that he was able to perform the above D’s cell phone with mind, he was pushed off to G, was tightly sealed to the victim, and the head and shoulder part of G, three to four times, the shoulder part of dangerous object, and the shoulder-proof disease, the victim’s left part of G in order to prevent it, and the victim’s left part of G, the victim’s left part of the victim’s body, and the victim’s left part of G, and the victim’s knife the victim’s body and part of the risk of 1 pum.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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. 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] Violence (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury (Special Convicted Person] - mitigated elements: Insignificant injury, insomb, insomb [the scope of the recommended area] special mitigation area, insombly mitigation area, insombly from September to June [the scope of final sentence].