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(영문) 대구지방법원 포항지원 2013.12.26 2013고단1185
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except 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

At around 16:00 on October 9, 2013, the Defendant: (a) brought an injury to the victim’s right-free knee, knee, a deadly weapon located at the victim D’s residence in Nam-gu, Nam-gu, Seoul, on the ground that the victim would not repay the money; (b) the victim would have taken away 45cc of the entire length ( approximately 45cm), and (c) the victim would have taken away her face ( approximately 20cm in total length, approximately 13cc in daily length), and caused the victim’s face, which is a dangerous thing that the victim could have taken away from her seat, and the victim could not know the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to field photographs, photographs of the upper part and upper part of the body, photographs of the upper part of the crime tools;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations, etc. agreed with the victim);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in light of the aforementioned circumstances and the degree of injury of the victim; and

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