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(영문) 대구지방법원 서부지원 2015.11.06 2013고단1341
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On September 25, 2013, around 23:30 on September 25, 2013, the Defendant, in front of the “D” convenience store in Daegu-gu, Daegu-gu, was seated with the victim E (the age of 45) who was in front of the “D” convenience store, and drinking off the table, and the Defendant’s refusal to do so from the victim, such as “I am scherbly,” was hicked with sound, and the Defendant s

Accordingly, the Defendant brought about a knife, which is a " deadly weapon" stored in a motor vehicle in the vicinity, and brought about a knife onto the table, and told the victim "on the knife knife knife knife knife knife knife knife knife knife knife knife knife.

As a result, the defendant was suffering from a state where the period of treatment could not be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. Records of seizure and the list of seizure;

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. In light of the implements of the crime with reason for sentencing under Article 48(1) of the Confiscation Criminal Act and the method of the crime, etc., the punishment is set as a favorable order, such as: (a) there is no record of punishment exceeding the fine for the same crime; (b) there is no record of punishment exceeding the fine for the same crime; (c) there is no family members to support the crime; and (d) the fact that there is no family members to support the crime under Article 48(1) of the Confiscation Criminal Act.

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