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(영문) 대구지방법원 2015.11.05 2015고단4396
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That 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 March 2015, the Defendant was living together with the Defendant’s house located in Yongcheon-si D from July 2015, the Defendant met with the victim C (n, 27) by the introduction of the branch.

1. Around 01:00 on August 13, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) and around 01:00, at the Defendant’s house located in the above D, the victim met another male, with his/her head friened with his/her son, and had the victim faced with the victim on his/her her knee knee part. The victim knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee kne kne kne kne kne kne kne, so that the part of the body kne, which is a dangerous object, was placed in line with the fall.

The defendant was injured by the victim while he was in possession of the body frame, which is a dangerous object.

2. On August 13, 2015, the Defendant: (a) discovered a FEXE car owned by the victim E (a father of the victim) who was set up in the alleys by the above D around August 13, 2015; and (b) destroyed the repair cost to cover approximately KRW 4.50,000,000, by walking the fEXE head even with an escape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous objects), and Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The type 1 (Habitual Injury, Bodily Injury, Bodily Injury, Special Bodily Injury) shall be either one year and six months to two years and six months in the mitigated area.

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