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(영문) 대구지방법원 김천지원 2013.11.28 2013고단1251
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

Around 01:00 on May 29, 2013, the Defendant received a Handphone text message from the victim C (the age of 43) who was a part of the Defendant’s house in the old Sinsi-si, where it is impossible to know the trade name of the Defendant, and Handphone text message from the victim C (the age of 43), “I would like to get the Defendant to walk the Defendant’s phone, but did not receive the death from the victim.” On the same day, at around 03:28, the Defendant used one knife (19cm length, 33cm length in total length) which is a dangerous object at the Defendant’s house home located in Gunsi-si, Sinsi-si, and caused the Defendant to buy the Defendant’s house with the end of the knife and sell it.”

As a result, the defendant carried dangerous things and carried them with the right hand to know of the treatment days and the right hand part of the elbow elbow.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Application of four Acts and subordinate statutes to the damaged photographs and photographs of seized articles;

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 48(1)1 of the Confiscation Criminal Act [the determination of types] of punishment under Article 48(1)1 of the Criminal Act; violence; habitual injury, repeated injury, special injury (special person in a special form] - mitigated elements: In light of the following, it is inconsistent with the lower limit of the statutory applicable sentencing range (one year and six months of imprisonment) in September 2, 200 [the scope of the recommended sentence] and September 2, and six months [the scope of the recommended sentence] of the special mitigation area (the scope of the corrected recommended sentence].

[General two-years] - Mitigation elements: serious half-year suspension of execution.

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