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(영문) 대구지방법원 포항지원 2013.11.13 2013고단862
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 22:50 on June 25, 2013, the Defendant collected a transition (13.5 cm in length) in the front of the port where he had a dispute with the victim D(50 years of age) and the upper floor noise at around 104, 906 at the residence of the Defendant, the Defendant, at the end of the port, carried out the transition (13.5 cm in length) that had been in the front of the port where he had a dispute. In the process of taking the Defendant’s arms and having the knife, the above excessive amount was set back on the part of the victim’s left arms, thereby causing the victim to inflict an injury on the top of the arms open under the left side where he needs to be treated for about two weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Application of the legislation in its opinion;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects the fact, the fact that one million won has been deposited for the victim, and the fact that there is no record of punishment in addition to the fact that one million won has been sentenced for the crime of injury);

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