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(영문) 대구지방법원 김천지원 2013.06.20 2013고단413
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on February 24, 2013, the Defendant, while drinking alcohol together with the victim D(27 years of age) at the home of the victim D(203) who had the victim’s house C’s house 203 in the Gumi-si, Gumi-si, the Defendant: (a) viewed the victim’s pet dog, and talked with the victim’s pet dog, and (b) heard the victim’s phrase “I will see the inside dog with the mind of her,” and (c) heard the victim’s speech, “I will see the inside dog, I will see the victim’s face,” and (d) 4-5 times the victim’s kne kne fe fe f, which is a dangerous object.

As a result, the defendant carried dangerous things and carried them to put the victim in a second way in a way of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Second police suspect interrogation protocol against the accused (including D substitute part);

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes attached to a report on investigation and a photographic application;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for the suspended sentence") of the Act on the Punishment (hereinafter referred to as "the grounds for the suspended sentence") - In cases of habitual injury, repeated injury, special injury, repeated injury, special injury (special person) - In cases of habitual injury, repeated injury, special injury or special injury: In cases of minor injury, injury to the victim, and considerable responsibility for the occurrence of or the expansion of damage to the crime, no penalty shall be imposed [the scope of the recommended punishment] [the special mitigation range], special mitigation range of imprisonment from September to February 6 [the general person] - In cases of serious pride [whether suspended sentence] - In cases where the victim is fully responsible for the occurrence or expansion of damage to the crime: In cases of minor injury, failure to punish him/her - General pride: any contingent crime.

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