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(영문) 대구지방법원 포항지원 2013.05.16 2013고단297

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2012, the defendant around 06:45, at the house of the victim C (n, 22 years of age) No. B 402 in Namyang-si, Namyang-si, 201, on the ground that the victim took a bath while talked with the defendant, the defendant was able to write down one knife (29cm in total length, 8cm in knife length), and one knife (23cm in total length) which is dangerous object, as the victim did with a knife, with a knife and a knife and knife of the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations, etc. agreed with the victim);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do141, Jan. 2, 2011>