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(영문) 대구지방법원 김천지원 2014.04.23 2014고단183
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

At around 12:40 on January 5, 2014, the Defendant: (a) sent a 10-time telephone to the victim on the ground that at around 01:00 on the same day the victim D (the age of 44) had no trade name in Gumi-si; and (b) then sent a 10-time telephone to the victim on the ground that the victim D (the age of 44) was able to repay the money he/she borrowed while taking a bath; (c) again, he/she heard from the victim at the time that “whether he/she had so made a large number of calls because he/she had been known to him/her; and (d) he/she got the head of the victim, who is a dangerous thing that he/she was faced by C, while taking the bed of the victim’s head into his/her hand; and (d) he/she got her knicker disease, who is a dangerous thing that her bed by her bed, and got the victim’s right part of the victim.

As a result, the defendant needs to receive about 10 days of medical treatment for the victim, and after the number of days of medical treatment, there was a satise and satise and satise satis, which can continue between months and months.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

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

1. Part of the prosecutor's statement concerning E;

1. Each part of the protocol of suspect examination of the police against the accused (including D's statement);

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. Some statements in the police statement of E;

1. Each statement of G and H;

1. Each general diagnosis report, diagnosis report, and general diagnosis report;

1. Application of on-site photographs and Acts and subordinate statutes governing bodily injuries;

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 defense counsel regarding the defense counsel’s assertion of probation and community service order under Article 62-2 of the Criminal Act is merely threatening the defendant to put the relevant beer’s disease in his/her hand for the purpose of defense and to prevent the victim from being injured.

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