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(영문) 대구지방법원 2014.04.10 2013고단6850
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:30 on December 7, 2013, when the defendant returned home with her knife and alcohol, he she was living in the Dogra, which is a residence of the defendant in Gyeongsi, the defendant, like the defendant, and the victim E (the age of 36) living in the above Dogra, and the math of the snow length was drife, and the defendant was scoo (the knife length) who was living in the vicinity of the defendant. The defendant left the scuber's knife (17ccm in length) with a dangerous weapon operated by the defendant while she was living in the vicinity of the vehicle, and knife knife knife knife knife knife knife and left knife knife knife knife k for about 22 days.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police and prosecutorial statement regarding E;

1. Seizure record and list;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of the sentence recommended according to the sentencing guidelines (determination of type) violent crimes; special injury [the scope of sentence recommended]; two to four years;

2. Determination of sentence is a dangerous condition against the defendant when a knife knife knife, etc. of the victim, knife, knife, is high in danger.

However, there are favorable circumstances for the defendant, such as the fact that the defendant was detained for not less than four months, the fact that the defendant is divided and reflected in the mistake, the victim agreed with the defendant and sought a preference against the defendant. Therefore, the motive, background, means and methods of the crime in this case, circumstances before and after the crime, and other arguments in this case are revealed.

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