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(영문) 대구지방법원 포항지원 2015.09.17 2015고단255
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. On October 26, 2014, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.), around 23:55, on the left hand part of the left part of the knives of the knives, the Defendant d (the age of 45) was under the influence of alcohol before the victim D(the age of 45) in North Korea-gu Posing at the port, and was faced with the knives of the knives of the knives of the knives of the knives of the knives of the knives

2. The Defendant causing property damage, at the time and place set forth in Paragraph 1, was flicker for the reason that the victim prevented the Defendant, such as Paragraph 1, and was flicker’s blicker, the victim D, thereby damaging the repair cost to the extent that the amount equivalent to KRW 646,246 is 6.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement made to D (victim) by the police;

1. A medical report, an injury diagnosis report attached to a written opinion, an investigation report (a medical certificate and details of medical treatment);

1. Written estimate for the automobile inspection and maintenance;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant law concerning facts constituting an offense, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes within the scope of adding up the long-term punishment for the crime of violating the Punishment of Violences, etc. which is heavier than the punishment) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Probation and community service order: The method of committing the instant crime and the risk of attitude by causing injury to the victim, etc., the Defendant committed the instant crime without being able to do so during the period of suspension of execution, and the agreement with the victim or the repayment of damage is not made.

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