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(영문) 대구지방법원 김천지원 2014.02.06 2013고단1559

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for 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

On October 31, 2013, at around 21:25, the Defendant used the kitchen knife (18cc a day, total length 30cc a day, 30cc a day), which is a dangerous thing in the kitchen with the victim, while under the influence of alcohol, the Defendant used the kitchen knife (18cc a day, 18cc a day, 30cc a day, 10cc a day, 10cc a day, 59 years old) from the family of C, which is located in the Dong-si B building 104 Dong 107, and 59 years old, “packer is a woman who has a husband, who is a woman with the husband, and is a woman who has a son with C, and has a mental baby.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. C’s statement;

1. The police seizure record and the list of seizure;

1. Application of statutes on site photographs;

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. 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 (decision of types): Violence crime, repeated crime, special assault [Special Convicted Person] - mitigated elements: [Determination of the recommended area] mitigated elements of punishment [The scope of recommendation] [the range] mitigated elements] April to 1 year and February [the amount of mitigated elements] - there is no strong reflect or no record of criminal punishment [the amount of suspended execution] - Where a person commits a crime by carrying a negative lethal weapon or other dangerous articles with a deadly weapon or other dangerous articles: there is no positive record of criminal punishment - there is no positive record of punishment - there is no reason for suspended execution - there is no positive contingent crime, there is no criminal conviction or no criminal record of suspended execution or more [decision of sentence] 6 months, and two years of suspended execution;