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(영문) 대구지방법원 2014.12.04 2014고단4012
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than two years and six 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 01:40 on September 21, 201, the Defendant: (a) at the E-ju station operated by the victim D (n, 54 years of age) in Daegu-gu, Daegu-gu, the Defendant: (b) “I will have died of the Victim’s Bathy” with a stringer with a stringer who is a dangerous object by destroying a beer’s disease at that location while talking about the credit value with the victim; and (c) the victim was fluened with an emergency bell connected with a security enterprise, by hand, the victim was fluened with an emergency bell connected with the security enterprise; (d) the victim was fluened with the victim’s fat; and (e) the victim was fluened once by the fluener’s disease once again.

The defendant continued to be dispatched to the site by the employee of the security company due to the victim's act of taking an emergency bell, and the victim's name was shicker with the above shoulderer and stated that "the employee of the security company is returned" to the victim.

As such, the Defendant inflicted injury on the victim’s knife, knife, knife, which is a dangerous object, on the part of the victim, such as flife, flife, flife, flife, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. A written diagnosis of injury;

1. Application of the provisions of 12 copies of the on-site photographs and photographs; and

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. The main circumstance of the suspended sentence under Article 62(1) of the Criminal Act, such as the fact that the defendant inflicts bodily injury on the victim due to a shouldered beer, which is a dangerous object of the defendant, and the risk is high and the quality of the crime is not good, and that the defendant has been sentenced to a suspended sentence of two years in January and June with the same kind of military force in 2010: Provided, That the defendant paid eight million won to the victim and agreed with the victim, and that the defendant is pening and opposing the defendant's mistake, and the motive, background, means and method of the crime of this case, and before and after the crime of this case.

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