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(영문) 대구지방법원 2016.05.26 2015고단6346
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 21:40 on November 14, 2015, the Defendant listened to the purport that “D's goods to be brought to the Defendant’s house are brought to the Defendant’s house again, which is friendly with D” from the victim E (56 aged) who is a son, at around 21:40 of the Defendant’s private house located in Cheongdo-gun, Cheongdo-gun, Cheongbuk-do-gun, the Defendant collected stone (the width, 15 cm, 1.5 km), which is a dangerous object on the Defendant’s wall, and then, the Defendant sawd to the effect that “h's goods to be brought to the Defendant’s house again, which would be friendly with D’s house”, and when the victim gets off the victim’s back to the back, the Defendant she sold it again to the said victim.

As the defendant continued to use the above D and the victim "Issu with a knife, knife with a knife", the defendant did not find a knife with the kitchen, which is a dangerous object in the kitchen warehouse, and the victim had the knife with the knife, which is a dangerous object in the kitchen warehouse, one time, and then the victim had the above knife the left part of the victim's knife, and again knife the victim's left chest by the end of the above knife.

As a result, when the victim is the victim due to the stones and hacks which are dangerous objects, the defendant put the victim on the right completion side, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the nature of the crime is very poor, such as inflicting an injury on the victim by using stones and hacks, which are dangerous objects for the reason of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation, the degree of injury suffered by the victim is not much serious, the victim does not wish to punish the defendant, the defendant is going against the crime of late age, and other defendants.

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