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(영문) 대구지방법원 김천지원 2013.08.08 2013고단536
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 01:20 on April 25, 2013, the Defendant urged the Defendant to pay 3,00,000,000 won of credit amount to the Defendant, the victim F (the 37 years of age) who is the managing director of the E Company E in front of the D Maurel located in Gumi-si, Gumi-si, E (C). B) purchased from Ho credit and displayed a neck check, which is a dangerous object in custody in the ordinary vehicle, to the victim’s head, and then put about about about 15 days of the victim’s head, and there is no two open measures.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The police seizure record and the list of seizure;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Reasons for the sentencing under Article 48 (1) 1 of the Criminal Act of confiscation [decision of a certain period of punishment] violence: In cases of habitual injury, repeated injury, injury by repeated offense, special injury (special person in special appearance] - mitigated elements: In the area of mitigation of punishment [the scope of recommendation], the area of mitigation of punishment [the scope of punishment], one year and six months to six months [the general person in general] - There is no record of mitigation of punishment and criminal punishment] - There is no record of the suspension of execution of major illegal reference - In cases of committing a crime with deadly weapons or other dangerous articles carrying a deadly weapon or other dangerous object: There is no record of criminal punishment - In cases of having committed a crime with a deadly weapon or other dangerous object, no record of punishment - General pride witness - General pride witness - there is no record of occurrence of contingent crime, serious reflect, and no criminal record above the suspension of execution [decision of a sentence] 1 year and six months;

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