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(영문) 대구지방법원 영덕지원 2013.09.23 2012고단240
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On August 24, 2012, at around 19:00 on August 19, 2012, the Defendant: (a) d (52 years of age) and the victim D (52 years of age living together) living together with the dispute with the victim living together, and (b) d) d) d) knife the knife (5 cm, 7 cm, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife in

Accordingly, the Defendant carried a knife, which is a dangerous thing, and caused damage to the victim, which requires approximately four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police on D;

1. Each description of a report on internal history and a report on internal history;

1. Application of the statutes that partially state the written diagnosis;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel under Article 62 (1) of the Criminal Act (restatement of favorable sentencing among the reasons for sentencing as follows) of the suspended execution of sentence. The defendant brought an injury to the victim as stated in the facts charged of this case, but this argues to the purport that it would be difficult for the defendant to take advantage of the victim's body in the process of arguing that he/she did not intend to injure the victim, and that the defendant did not intend to do so.

The following circumstances revealed by the evidence revealed in the above "the summary of evidence", namely, the victim, under investigation by the police, tried to trust the victim with the intent to leave the military room to appeal the victim, and the defendant cited the knife and left left part of the bones of sublime.

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