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(영문) 대구지방법원 김천지원 2013.04.17 2013고단159
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 9, 2013, the Defendant: (a) around 13:50 on January 13, 2013, the Defendant damaged the property of the victim by gathering the card liver of 1,500,000 won at his/her hand, the market value of the victim, who was on the calculation stand, while drinking the F and alcohol in E-cafeteria operated by the victim D, and doing any dispute; and (b) destroying the property of the victim by spreading the card liver of 1,50,000 won at the expense of the victim, who was on the settlement stand; and (c) destroying the liver of the closed door installed at that point by

2. Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) caused the damage to the house of a restaurant at the above time and at the above place, and caused the damage to the victim D (52 years of age) to restrain it, and the victim d (52 years of age) brought the son’s disease into his/her hand, which is a dangerous object on his/her table, and brought the victim to the left side of the head of the victim, thereby getting the victim’s disease broken, and thereby the victim was faced with the blood clibing on the left side of the victim requiring a treatment for

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about G, H and D;

1. Application of Acts and subordinate statutes to each investigation report (general, receipt of a written diagnosis of a victim, and for the progress of an operation, and attaching a medical certificate);

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on carrying dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. A crime of violation of the Punishment of Violences, etc. Act (a decision of a type): A crime of habitual injury, repeated injury, special injury, repeated injury, special injury, damage to property: A crime of habitual injury, repeated injury, special injury, damage to property, etc. for which the sentencing guidelines are not set (a special offender) for which the sentencing guidelines are not set: A crime of which the sentencing guidelines are not set;

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