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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 becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 00:40 on May 17, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) reported that the victim D (the age of 45) was under dispute with another person due to the traffic of a vehicle in front of the Defendant’s house in Seogu-gu, Seo-gu, Daegu, as a result of a sudden hyscam, and scam by taking the Defendant’s hyscam (the total length of 95 cent, the front part of 14.5 cent) while taking the Defendant’s house and taking the Defendant’s hyscam, which is a dangerous object of having entered the Defendant’s house and had the victim take the hys and arms of the victim.
Accordingly, the defendant carried dangerous objects and committed violence to the victim.
2. The defendant in violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) was committed by the defendant, at the time and place specified in paragraph (1), with the face of the victim E (the age of 46), who was fighting at the same time and place, was killed or drinking as a dangerous object.
As a result, the defendant carried dangerous objects and carried the victim's 14-day medical treatment, and carried the victim's crypump and check.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to D and E;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of inflicting an injury on carrying a dangerous object), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of assaulting carrying a dangerous object) of the relevant Act on criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 48 (1) of the Criminal Act of confiscation;