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(영문) 대구지방법원 2013.11.07 2013고단4535
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On May 17, 2013, the Defendant damaged the damage of property by drinking in the Ecarlet operated by the victim D in Daegu Suwon-gu, Daegu-gu, on the ground that the victim was influencing, and 2 of the market price fluencing on the table table was fluencing toward the victim’s left arms, and one glass port glucing toward the victim’s left face.

Accordingly, the defendant damaged the victim's property.

2. As above, the Defendant: (a) laid the victim D (at 48 years of age) with beer residues and glass to the victim; (b) laid the victim’s fingers, and (c) sustained the victim’s fluor, resulting in a fluorous tearing injury with 1 cm in the treatment date.

3. The Defendant violated the Punishment of Violence, etc. Act (collective assault, deadly weapon, etc.) stated that, around that time, the Defendant she was under the influence of alcohol to take a shelter from the Victim F (the age of 50) while drunk, and then she was faced with the victim, and then the kitchen knife (the knife length of 30cc, the total length of 45cc) was flicked by the victim, which is a dangerous thing that had been in a main line, and then the Defendant she was flicked with the victim, and “the knife per the last day, the knifb

Accordingly, the defendant threatened the victim by carrying a kitchen, which is a dangerous thing.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and D;

1. Statement of each police statement made to F and D;

1. Application of damaged photographs, damaged photographs, and statutes;

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (a point of intimidation to carry dangerous things) of the choice of a punishment for a crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.

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