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Reasons
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(영문) 대구지방법원 김천지원 2014.02.26 2013고단1787
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 12:30 on December 8, 2011, the Defendant, at the Defendant’s house located in the Gumi Si, and around 64 on December 12:30, 201, experienced the victim’s face by using a watch, which is a dangerous object, for the reason that the Defendant would not damage TV in his/her cell, and thereby, he/she sawd the victim’s head knife, and knife the victim’s head knife and knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Some statements of each prosecutor's protocol of examination of the defendant against the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. Each investigation report (the telephone conversations between a victim and telephone conversations, on-site conditions, etc., on-site verification, and the details of discovery of network photographs and loss);

1. Application of Acts and subordinate statutes to investigation reports (referring to the content of an excursion ship call with a victim);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding probation and community service order asserted that the defendant was not guilty of having committed the victim's head vale at the location of the defendant's ruling, or that he/she was not exposed to the victim's face by using his/her custody. However, in full view of the victim's and his/her father's statements (i.e., one right 28 pages, two right 11 pages), and the situation at the time of the crime, etc., the defendant was found to be exposed to the victim's face by using his/her custody, so the above argument

The reason for sentencing (determination of type) shall be the reasons for habitual injury, repeated injury, and special injury.

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