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(영문) 대구지방법원 김천지원 2014.08.27 2014고단671
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 28, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectives, deadly weapons, etc.) (collectives, intimidation) and, on the grounds that the victim E (the 40-year-old-old-year-old-old-old-old-old-old-old-pocked-in-cocked-in-cocked-in-cocked-in-cocked-in-cocked-in-cocked-in-cocked-in-cocked-in-cocked-in-cocked-in-cocked-in-cocked-in-cocked-in-cocked-in-cocked-in-cocked-in-cocked-in-cocked-

2. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) temporarily and at the same time and at a place as the above paragraph (1) above, laid the beer’s disease, which was frighted on the floor, and was sitting in the table table above the above restaurant, and put the victim F. (the age of 48), who was sitting in the table above the above restaurant, on the left left part of the victim F. (the age of 48), and the part above the part of the victim G (the age of 47) on the right part of the victim G, thereby cutting off the victim’s arms on the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of F, G and H;

1. The application of 13 copies of on-site photographs and damaged photographs to the statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying 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 a dangerous object);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. The suspended sentence of Article 62(1) of the Criminal Act is very heavy in view of the method of committing the crime for sentencing, risk of appearance, occurrence of a large number of victims, and victim E wishing to punish a defendant.

However, it is contingent crime, victim F and G, and the victims want to be punished by the defendant.

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