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(영문) 대구지방법원 안동지원 2014.11.28 2014고단733

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

At around 17:00 on April 21, 201, the Defendant assaulted twice the part of the victim’s left part of the kitchen (the total length of 37 cm, 22 cm) with a deadly weapon located on the front side by using a knife knife, which is a dangerous weapon in the front side, with the victim’s knife, on the ground that the victim had telephone with another male prior to his/her contact with him/her, on the ground that he/she was the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (the photographing of a suspect, etc.);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 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 [the scope of recommending sentence] The mitigated area (including a person who has been specially mitigated), the mitigated area of punishment (including efforts to recover damage), or the recovery of considerable damage (the decision of sentencing] in the event that the form of assault act, the form of confession and the attitude of reflecting it, the fact that the victim and the victim have agreed smoothly with the victim, the relationship between the defendant and the victim, the age of the defendant, etc.