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(영문) 대구지방법원 서부지원 2015.06.18 2015고단575
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for three years.

A seized beerer-kicker (No. 1) shall be confiscated.

Reasons

Punishment of the crime

【Criminal Force】 On April 6, 2015, the Defendant was sentenced to a suspended sentence of two years for six months as a crime of aiding and abetting fraud at the credit branch of the Suwon District Court, and the judgment becomes final and conclusive on April 14, 2015, and is currently under suspended sentence.

【Criminal Facts】

1. On April 19, 2015, from around 02:40 to 02:55, the Defendant interfered with the business, at the “Ecafeteria restaurant operated by the victim D in Daegu-gu, Daegu-gu, the Defendant: (a) reported by F, the husband of the female, to the police that he was stuffed in the Defendant’s office; (b) thereby, the Defendant was unable to enter the place where the customers who had entered the place by avoiding disturbance, such as locating, killing, or taking a bath at the Defendant’s office, and cutting down the iron table by taking a bath at the Defendant’s office.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) at around 03:10 on the same day, at the Defendant’s house located in Daegu Seo-gu, Daegu-gu, followed the victim F’s search and the Defendant’s crime described in paragraph 1, and “afterward, she” knife (a total length of about 15cc, about 6cc in length of knife, about knife, and knife the left side of the victim’s knife) while fighting with the victim’s body, and continued to have a part of the victim’s knife at once.

Accordingly, the defendant carried dangerous objects and put the victim at the bottom of the floor for the left-hand hand in need of six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The police statement concerning F;

1. Medical certificate, and photographs of damaged parts of the F;

1. Records of seizure and the list of seizure;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes governing investigation reports;

1. Article 3 (1) and Articles 2 (1) of the Act on the Punishment of Violences, etc. and Selection of Punishment of Crimes;

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