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(영문) 대구지방법원 김천지원 2014.02.13 2013고단1617
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 21:00 on November 13, 2013, the Defendant found the E-real estate office of D operation in the Gumi-si C2, Gumi-si, Seoul, and performed drinking, and the victim F (54 years of age) was under the influence of the Defendant, and the victim took a deadly weapon on the table of the above office, which was on the table of the above office, for the reason that the Defendant would be bad to resist the Defendant, and the victim would go out of the above office, and then go out of the above office, the Defendant called the victim, and called the victim, "hirma and thalth dyth dyth dyth hyth hyth hyth hyth hyth hyth hyth hyth hyth hyth hyth hyth hyth hyth hyth hy to the victim, and the victim was under the influence of the victim's hyth hyhyh h h.

Summary of Evidence

1. Defendant's legal statement;

1. F statement in the police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes, such as photographs of damage;

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. In a case where an intentional act of inflicting bodily injury is committed on the grounds of the sentencing of Article 62(1) of the Criminal Act [the determination of a sentence] for the suspended sentence under Article 62(1) of the Criminal Act, habitual injury, repeated injury, and special injury (special-feasible person] for repeated injury, repeated crime injury, and special injury (special-fassible person] - Inception of the mitigated element, the lower limit of the applicable sentences under the law shall apply, as it is inconsistent with the lower limit of the applicable sentences (one year and six months of imprisonment) in the area of special mitigation [the scope of the recommended sentences] September to

[Attachment] Major reasons for suspension of execution - Where a person committed a crime by carrying a negative lethal weapon or other dangerous articles with him/her, the major reasons for such suspension - Where a person committed a crime with an intention to commit a crime with a positive negligence, - The reasons for such suspension shall be negative.

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