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(영문) 대구지방법원 안동지원 2014.07.18 2014고단145
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:50 on February 11, 2014, the Defendant, while drunkly drinking at the “D Company” office located in Ansan-si, Dongdong-si, the Defendant: (a) heard the horses to wait from the victim E (Nam, 34 years old); or (b) took the horses to wait for a locking from the victim E, and (c) carried the knife knife, which is a dangerous object on the victim’s hand, with the left hand, knife the knife of the knife, and knife the knife, which is a dangerous object on the victim’s knife.

As a result, the defendant carried dangerous things and put the victim at the right side of the treatment days to the right side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

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 ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] : (a) category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Contributor), the mitigated area (1 year to June 2), the mitigated area (including a serious effort to recover damage) or considerable damage (in light of the form of the act of injury and the criminal records of the defendant, the criminal liability of the defendant cannot be deemed to be mitigated; (b) however, in light of the attitude of the act of injury and the criminal records of the defendant, the punishment was determined by taking into account all the circumstances prescribed in Article 51 of the Criminal

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