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(영문) 대구지방법원 포항지원 2015.01.29 2014고단768
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 07:55 on March 9, 2014, the injured Defendant inflicted injury on the victim E (the age of 27) who took meals on the side tables while drinking alcohol at the main point of “D” located in North Korea-gu, North Korea-si, and the victim E (the age of 24) and the F (the age of 24) who works for him (the age of 24) have come to a trial for the following reasons: (a) he was suffering from a dispute; (b) the victim's face was taken once by drinking; and (c) the victim suffered injury, such as the victim's left part and shouldered his shoulder and shoulder with his hand, and caused the victim's injury, such as the left part and the left part of the left part of the victim in need of medical treatment a week.

2. The Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) reported at the above time, at the above place for the foregoing reasons and submitted a report to the above E in 112, and was waiting for the mobilization of the police officer. However, “the defect of talks to the police station” from the victim, “the defect of talks to the police station” was sent to the wall of the so-called so-called so-called so-called so-called so-called the victim, and then, the victim expressed his desire to “the so-called spacing, dead, spacing, and spacing,” and “the so-called spacing, spacing, spacing, and spacing, spacing the victim’s body.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Part concerning the statement of the E and F in the second police interrogation protocol against the defendant

1. Each police statement concerning E and F;

1. G statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Article 257(1) of the Criminal Act, the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: Imprisonment for not less than six months, and not more than six years and not more than six months;

2. Scope of recommendations for the sentencing criteria - Basic crimes:

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