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(영문) 대구지방법원 서부지원 2014.10.31 2014고단835

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for not less than one year and 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

1. On April 12, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) 1: (a) around 23:40, at the entrance of a singing practice room operated by the victim D in Daegu Metropolitan City, Seo-gu, for the reason that the victim was in a past connected relationship with the victim D does not take the Defendant, and (b) caused the victim's destruction of alkinum powder powder (1m in length) at the same time and at the same place as indicated in the above paragraph 1-1; (c) the Defendant: (d) caused the damage of 220,00 won at a singing signboard owned by the victim; (d) at the time and at the same place, the Defendant 2) caused the victim's damage to the victim by taking advantage of the aforementioned dangerous goods, which are dangerous goods in front of the victim's typian vehicle owned by the F, and (e) caused the victim's damage to the victim's cell phone (hereinafter referred to as the above paragraph 14).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Written estimate;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1), Article 2 (1) 3 and 1 of the Punishment of Violences, etc. Act concerning the crime, Articles 2 (1) and 257 (1) and 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 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 on the stay of execution (Considerations, radiuss, the fact that partial payments have been made to the victim F);