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(영문) 대구지방법원 상주지원 2014.10.14 2014고단425
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 July 18, 2014, the Defendant reported the victim D(51) who visited the chickens located in C to gather at the residence of the Defendant located in C at the time of residence on July 19:20, the Defendant: (a) sent the victim D(51) who visited the chickens at that time; and (b) sent the victim D(51) who visited the chickens at that time; and (c) sent the kitchen, which is a dangerous thing in the kitchen, with the kitchen (30 cm in total length, 20 cm in a knife) and the kitchen (20 cm in a knife) which is a dangerous thing in the kitchen, and carried the knife in a knife with the victim, and caused damage to the victim’s reputation that requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

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. The reason for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] : (a) there is no basic area (two to four years) (two-four years) of the category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (Special Bodi Bodi Bodi Bodi Bodily Injury) [Determination of Sentence] : (b) the defendant has no previous criminal records of the same kind for the last 20 years; (c) the degree of the injury inflicted on the victim is not significant; (d) the victim's death diagnosis document (16 pages of the Investigation Records) is not sufficient to hospitalization or external surgery; and (e) there is no possibility of a merger; and (d) the victim stated in an investigative agency that there is no possibility that the defendant will receive medical expenses and the degree of the expenses from the defendant, but the defendant

(See Investigation Records No. 37, et al.). The defendant has a depth of his fault, and the detention of the defendant entails excessive difficulty to his dependants.

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