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(영문) 대구지방법원 2016.10.20 2016고단3087

특수폭행등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 04:52 on June 4, 2016, at the D convenience point located in Daegu Suwon-gu C, on the ground that Defendant B made a speech that the victim E (Nam, 18 years of age) would not take a bath, the Defendants: (a) Defendant A used the beer’s disease, which is a dangerous object on the knife, at the knife’s hand, and continued to knife the knife the knife’s head, face, and knife the knife’s head, face, and knife the knife’s head, and knife the knife’s knife’s head, and knife the knife’s knife’s knife’s knife with the victim’s knife’s knife; and (b) Defendant A used the victim’s knife and k’s k’s k.

As a result, Defendant A, carrying dangerous articles, assaulted the victim, and the Defendants jointly committed double spons, inner spons, etc., which require the victim's treatment for about two weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act and Article 261 and Article 260(1) of the Criminal Act (a point of special assault), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (a point of joint injury), Article 257(2)3 of the Criminal Act, Article 2(2)3 of the Punishment of Violences, etc. Act, Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the

1. Defendant A among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (hereinafter referred to as “contributive circumstances”)

1. Defendants on probation: Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Act: The defendants' convenience point without any particular reason.