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(영문) 대구지방법원 김천지원 2013.10.16 2013고단918

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

At around 04:10 on June 15, 2013, the Defendant: (a) at the Dju point located in Gumi-si C around 04:10, on the ground that the victim under the age of 106, while drinking alcohol with the victim E (23 years of age) and drinking the horses without the brucation, destroyed the shoulder glass, which is a dangerous object, in the victim’s item, and threatened the victim with the knife without the net, and threatened the victim with the knife with the knife, “I do not do so, you do not do so; (b) three times the knifties of the victim, and (c) six times the back of the victim in drinking.

On the other hand, the defendant continued to follow the victim's provoking of the vessel when the victim was the victim, and the victim, "I am her to her to her to her to her, to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to each investigation report (as to attach photographs, and as to the attachment of a written diagnosis of injury);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] Violence: Habitual injury, repeated injury, special injury, repeated crime, special injury (special-speed person] mitigated element: In the mitigated area of minor injury [the scope of the recommendation area and the recommended punishment] mitigated area, one year and six months to six months [the stay of execution] major illegal grounds: In the event that a person committed a crime by carrying dangerous articles with him/her, major pride grounds: There is no effort to recover damage;