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(영문) 대구지방법원 안동지원 2015.03.31 2014고단1094
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)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 September 20, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) cited the knife knife, which is a lethal weapon (25 cm in length, 15 cm in length) as knife knife knife knife knife, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

2. The Defendant, in violation of the Punishment of Violences, etc. Act (injury by Group, Deadly Weapons, etc.) observed the above situation at the same time, at the same place, and at the same time, at the same time and place as Paragraph 1, and in order for the victim F (Nam and 55 years old) to take a knife, which is a dangerous weapon held by the Defendant, and the part of the knife knife knife knife knife kn

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Violences, etc. which is heavier than punishment (aggravated Punishment of Concurrent Crimes concerning the Crimes of Injury by Group, Deadly Weapons, etc.)]

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

1. Article 62 (1) of the Criminal Act (Special Considerations, etc. favorable to the accused among the reasons for sentencing following the period of suspended sentence);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is to carry with himself a deadly weapon of the first crime.

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