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(영문) 대구지방법원 2013.11.14 2013고단5205

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

On August 6, 2013, the Defendant: (a) around 14:50 on August 6, 2013, within the loading and unloading yard located in Cheongdo-gun, Cheongdo-gun, and (b) on the ground that D’s fees did not promptly handle daily, he saw knick on left hand, and the victim E knicked it, and the victim E knicked on his left hand, and caused damage to kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn't

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Seizure record and list;

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

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) 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. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant’s act of inflicting bodily injury on the victim by breaking his finger and knife is highly dangerous; and (b) there is a favorable condition for the Defendant, such as the Defendant’s act of breaking his finger and knife and knife is very dangerous; (c) the Defendant’s act of misunderstanding and is against the Defendant; (d) the victim does not want the Defendant’s punishment by mutual consent with the victim; and (e) the victim does not suffer bodily injury; and (e) the above circumstances are favorable to the Defendant. In full view of the motive, circumstance, means and method of the instant crime; (e)