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(영문) 대구지방법원 2014.10.08 2014고단3561

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant was the victim B from about 10 years to about 10 years of internal relations.

On July 3, 2014, around 02:40, the Defendant used the victim’s knife knife (13cc in knife length) to the victim’s knife knife (13cc in knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Police seizure records;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of a photograph of damage and a photograph of food);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is very dangerous; the method of sentencing is very dangerous; the victim suffered bodily injury in the course of committing the crime is to make a confession of the fact of the crime and reflect his mistake; the victim and the party interested in internal affairs agreed to do so; the defendant does not have any criminal records exceeding the fine; the defendant's age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime; the various reasons for sentencing as shown in the arguments of this case, including the circumstances after the crime was committed; and the sentencing guidelines [the crime group of violence, violence crime, Type 6, basic area, the scope of recommendation: Imprisonment with prison labor for 6 months - October];