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(영문) 대구지방법원 2015.06.19 2015고단1650
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, 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

The defendant is a C Bus driver, and the victim D (the South and the age of 32) is a member in charge of the same company.

At around 15:30 on April 7, 2015, the Defendant, while drunkly drinking on the roads of the C Office located in Daegu E, dumpeded the victim’s flaps, and knife the knife (the total length of 47cm, the knife length of 23.5cm), which is a dangerous object carried out at a nearby restaurant, and knifeed the victim with the knife, and knifeed the victim’s knife at two times during the process of spreading the knife.

Accordingly, the defendant puts the victim into an open room for other grandchildren and losses that require three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. One copy of the report on internal investigation of the blades seized by the person suspected of being killed and the relevant photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the mitigation area (one year and six months through two years and six months), mitigation area (including special mitigation), penalty not (including advanced efforts to recover damage), or considerable partial damage is recovered, in the area of mitigation (one year and six months to two years and six months), of habitual injury, repeated injury, and special injury according to the sentencing guidelines;

2. Determination of sentence of sentence is a crime resulting in an injury to the victim by failing to conduct one's own appraisal without a clear reason, and the nature of the crime is not very good in light of the motive, method, etc. of the crime;

However, the defendant was sentenced once a fine for the same kind of crime and has no record of punishment, the mistake is divided, the degree of damage is relatively minor, and the victim has agreed with the victim.

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