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(영문) 대구지방법원 서부지원 2012.10.11 2012고단823

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The Defendant was a person who resides in two multi-households in Daegu-gu, Seogu, and was living in the second floor of multi-households, and there was no difference between the victim D(40) and the victim E(n, 38) and the ordinary level of noise.

On July 18, 2012, around 1:30 on July 18, 2012, when the victims returned home to the 3rd floor of the above victims were suffering from noise and sounding the floor of the noise, the defendant saw the food knife (17cm a day length) in the front room of the defendant's house, and raised the victim's house knife through the stairs two times, with the string of the string door, "B L. B. B." and the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

As a result, the Defendant carried dangerous articles with the victim D and inflicted injury on the victim E, such as cutting the bones of the bones, which requires treatment for about three weeks, and the victim E needed treatment for about two weeks, and the open wound in the upper chin area.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2004Da15488, Feb. 23, 2008) (see, 2008Da1248, Apr. 2, 2008)

1. Grounds for confiscation under Article 48(1)1 of the Criminal Act;