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(영문) 대구지방법원 안동지원 2015.07.10 2015고단293
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. On May 1, 2015, the Defendant: (a) discovered in front of the D’s house located in Ansan-si C around May 1, 2015; and (b) saw a shoulder-sicker’s disease, which is a dangerous object for the reason that D’s dogction scamscamscamscamscamscamscams; (c) the victim E (33 years old) who is the manufacturer of D’s camscamscamscamscamscams the right hand of the victim; and (d) the victim E (33 years old) displayed a shoulderer’s disease to the right hand of the victim.

In this respect, the defendant carried dangerous things with the victim's right hand over the days of treatment.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) on the same grounds as, at the same time and place as, paragraph (1) above, stated the shoulderer’s disease, which is a dangerous object, to the victim F (the age of 56) who is the wife of D, as his/her hand, in his/her hand, and said, “I am away from his/her son. I will throw away from his/her son.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes concerning report on internal investigation (Attachment of photographs of parts of damage);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act (the occupation of threatening to carry dangerous articles);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances among the reasons for sentencing)

1. Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury) is mitigated (one year and six months to two years) (Special Mitigation).

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