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(영문) 대구지방법원 2015.06.02 2015고단1405

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 March 28, 2015, at around 09:40 on March 28, 2015, the Defendant laid the kitchen (30cm in total length, 18cc in knife length) of the victim D (year 62) and the head of the household of the Defendant 401/711, with the face of drinking from the victim with the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2015 and put the victim a part of the left-hand writing of the string of the string of the string of the string of the

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police seizure record and the list of seizure;

1. Photographs (the face of the defendant and the victim, and tools to commit the crime);

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommending punishment] In the case of habitual injury, repeated injury, and special injury [the scope of recommending punishment] the mitigation area (one year and six months to two years] [the special mitigation person] the punishment not (including the advanced effort to recover damage) or considerable damage (the decision of sentence] the crime of this case is the case where the defendant inflicts an injury on the face of the victim by kitchen knife, and the crime of this case is not good and highly dangerous.

However, the victim expressed his intention not to be punished against the defendant by mutual consent with the victim, the defendant's mistake in committing the crime of this case is divided while committing the crime of this case, and in the process of opposing the assault from the victim, it is contingent.