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(영문) 대구지방법원 안동지원 2013.07.25 2013고단321
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. At around 18:00 on April 17, 2013, the Defendant: (a) opened a visit to the victim E (the age of 51) at the second floor of the second floor in which the Defendant’s operation had been permanently residing in C at permanent residence; (b) took a bath without any justifiable reason; and (c) took a dangerous object (Ga: 15cm in length: 15cm in length) at the victim’s right-hand side; and (d) put the victim under the victim’s visit to the victim’s e-mail.

2. At around 21:15 on the same day, the Defendant opened a visit between the above victim E and the victim F (e.g., 54 years old) at the same place, and opened the visit between the said victim E and the victim F (e.g., the said victim F (e., 54 years old) without any reason, left the lower part of the dangerous object to the victim F, and caused the victim to face the number of days of treatment in an influenc

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes on internal investigation reports (explosion photographs and accompanying of victims’ standing photographs);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., confessions and reflects, the victims and victims cancel their complaint to the accused by mutual consent, the victims and victims have no record of criminal punishment in addition to the one-time fine, and the aged 75 years old, etc.);

1. Part concerning the dismissal of prosecution under Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. On April 17, 2013, around 21:15, the Defendant: (a) opened a visit between the victim E (51) and F (3) from the 9th floor of the 2nd floor located in the permanent residence of the Defendant on April 17, 2013 to the 2nd floor of the 19th floor of the 2nd floor in which the Defendant was permanently residing in C; and (b) the victim E was able to know the Defendant.

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