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(영문) 대구지방법원 포항지원 2014.01.09 2013고단1205
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

At around 07:30 on August 4, 2013, the Defendant: (a) was at the home of the victim D (n, 49 years of age) located in Nam-gu C at the port; (b) was frighting to the victim, such as breaking the table and her will; and (c) took a bath to the victim, i.e., “the victim who seeks to speak”, “the victim’s left hand, so far as it is difficult to kn the victim’s left hand, and knife the telegraph by drinking water; and (d) went to the victim’s left hand.

As a result, the Defendant carried dangerous things and inflicted injury on the victim such as saves that require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An investigation report (related to an injury, diagnosis report, etc.);

1. Application of statutes on field photographs;

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. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

1. Social service order under Article 62-2 of the Criminal Act;

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