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(영문) 대구지방법원 2015.05.01 2015고단998
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 17, 2012, at around 01:30 on September 17, 2012, the Defendant collected a erode, and collected a screen, which is a dangerous object with a knife, with a knife, that the victim D (Nam, 49 years of age) and the victim E (Nam, south, and 43 years of age) went in a lodging room, with the victim D’s head at the office used in Daegu-gu, Daegu-gu, as a lodging room, and collected a knife and knife, and knife the screen, which is a dangerous object with a knife., “I knife, knife, knife, knife, knife.” The Defendant d head of the victim D and knifed

The defendant continued to hold the head, etc. of the victim E and the chest and left hand of the victim E.

As a result, when the victims who are dangerous objects are each victims, the defendant placed the victim D on the side of the unclaimed head of the treatment days, and on the part of the victim E, about four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Where the range of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] is range of the punishment [the range of the punishment respectively] [the range of the final sentence due to the aggravated punishment] 1 year and 6 months from 1 year and 6 months to 2 years and 6 months] mitigation area (one year and 6 months from 1, and one year and 6 months from 1, and one year and 3 years from 1, and one year and 9 months from 1, and one year and 3 months from 1, respectively;

2. Each of the instant cases, even though there is a history of sentence of imprisonment with prison labor due to the same kind of crime as the sentence is rendered.

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