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(영문) 대구지방법원 2014.10.16 2014고단3926
절도등
Text

A defendant shall be punished by imprisonment for two years.

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. A thief: (a) around May 2013, the Defendant: (b) committed theft with one road transporter with a market price of at least KRW 870,000,000 in front of the victim D’s residence located in Sinsan-si C; and (c) committed a theft.

2. Around 18:30 on June 14, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc. with deadly weapons, etc.) brought about the victim D (the age of 43) who was suffering from damage in connection with the cryption of the horse at the end of the residence of the Defendant in Busan-si and E, and brought about the victim a knife knife (5cm in knife length) which was a dangerous object under custody in the henife, and brought about the victim's knife and knife with his flabbbbage, thereby causing damage to the character of the part of the arms, which requires treatment for about 14 days, and the body above the heart of the body of the parts of the arms, which were in need of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Some statements made to the accused in the police interrogation protocol (including the parts of the D's statement);

1. A protocol concerning suspect examination of D;

1. Application of the Act and subordinate statutes to a medical certificate of injury [a denial of the fact that the defendant and his defense counsel inflicted an injury, but according to the consistent statement of witness D and the written medical certificate of injury, etc., it is sufficiently recognized that the defendant inflicted an injury on D as stated

1. Article 329 of the Criminal Act, Article 329 of the Punishment of Violences, etc. Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act concerning a crime (a person who inflicts bodily injury on a dangerous object);

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. Part I (Recommendation of Violence) of the grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence is a minor injury committed in the mitigated area (one year and six months to two years) of Part I (one year and six months) (one year and six months), and the mitigated area (one year and six months) of Part I (one year and six months) of the Criminal Act.

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