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(영문) 대구지방법원 김천지원 2014.04.30 2014고단118
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

On January 17, 2014, at around 22:15, the Defendant, under the influence of alcohol on the front side of a D terminal located in Gumi-si, America, carried out a knick ( approximately 6cm in length on a day, approximately 30cm in omb), which is a dangerous object that had been kept in his/her own car without any particular reason, and put the said knick on the part of the victim E (the age of 48) who was passing through the said knick, and put the knick on the part open to the victim under the condition that it is not clear in detail that the victim needs to receive approximately 2 weeks medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. An investigation report (as to attachment of a medical certificate for injury);

1. Application of Acts and subordinate statutes to an investigation report (a report on confirmation, such as the length, etc. of fingers);

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. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 48 (1) 1 of the Confiscation Criminal Act (the determination of a type of punishment) (the period of habitual injury, repeated injury, special injury) - Types 1 (Habitual injury, repeated injury, special injury) (the range of punishment to be mitigated): In the area of reduction [the scope of decision and recommendation in the area of recommendation] reduction, one year and six months to six months [the period of suspension of execution] major illegal grounds - In the case of committing a crime by carrying a deadly weapon or other dangerous articles: In the event that the person committed a crime by carrying a deadly weapon or other dangerous articles, the major reason for special pride is not to be punished (including a serious effort to recover damage) - The reason for general pride: Social relation is clear, contingent crimes [decision of a sentence], one year and six months, and two years of suspension of execution; and

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