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(영문) 대구지방법원 2014.11.07 2014고단4729
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

On April 15, 2014, at around 00:20, the Defendant 101 Dong-gu C apartment 101 Dong-gu, Daegu, the Defendant 101-dong (hereinafter “C apartment 101-dong”) was drunk and walked with D, a type-type type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-based-type-type-

The Defendant: (a) opened the above apartment entrance and opened the victim from the surrounding floor, reported the victim, and knicked with a knife knife, which is a deadly weapon (15cc in length) located far from the surrounding floor; (b) caused the victim to flife at the latest, and (c) caused the victim to flife, “Isle knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.”

As a result, the defendant carried a deadly weapon with the victim for about two weeks of treatment, and put the neck and chest on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and D;

1. G statements;

1. The police seizure record and the list of seizure;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing requests for appraisal;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] Habitual injury, injury by repeated offense, and special injury.

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