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(영문) 대구지방법원 안동지원 2015.01.06 2014고단908
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for a term of one year and nine 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 23:00 on August 18, 2014, the Defendant drinking alcohol and drinking alcohol, such as the victim D (the age of 58) who works together at the Defendant’s house located at the Defendant’s house, and 202 dong C, 1305, and 1305, without any special reason, sought from the Defendant the Defendant the horses “Nara” and sought from the Defendant, on the ground that the victim, who was in his house, tried to get out of the normal house, was in possession of the Defendant, on the ground that he tried to get out of the Defendant, and the victim, who was in his house, was in possession of the Defendant’s knife knife (the knife, knife, 9cm, knife 7cm, knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of field photographs), investigation reports (Attachment of medical certificates);

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. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [Scope of recommending punishment] In cases of habitual injury, repeated injury, and special injury [Article 48 (1) 1 [Article 48 (1) 1] mitigation area (Article 1 and 6 months to 2 years), punishment not (including advanced efforts to recover damage), or considerable partial damage (Article 1 and 16 months to 2 months), or where considerable damage has been recovered (Article 48 (1) 1 of the Confiscation Criminal Act (Article 48 (1) of the Confiscation Criminal Act / [Article 48 (1) of the Confiscation Criminal Act / [Article 48 (1) 1 of the Confiscation Criminal Act]

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