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(영문) 대구지방법원 서부지원 2012.12.13 2012고단1159
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

On October 8, 2012, the Defendant, around 21:10, placed a food blade (34cm in total length, 22cm in knife length), which is a deadly weapon, prepared in front of the Daegu Western Police Station in Seo-gu, Seo-gu, 1230-9, Daegu Police Station (22cm in front of the Daegu Police Station), and intending to put the victim C (the victim, the age of 51) into the back part of the back part of the victim D (the victim, the age of 51) while taking a bath for the Defendant, while taking a bath for the victim C (the victim, the age of 51) at his hand, biffing two sons of the victim C on two occasions with the hand of the victim, and intending to put the knife of the victim D (the age of 48) where the victim C’s chest was flad.

When victims D avoid this problem, they take one-time face of victim D and put the knife knife to victim D.

As a result, the Defendant carried a deadly weapon with a deadly weapon and inflicted injury on the victim C, such as an abscopia for about 14 days, and an abscopia for about 7 days, etc. on the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the degree of injury is not serious, the fact that an agreement is reached with the victims, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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