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(영문) 대구지방법원 2014.12.12 2012고단6331
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:20 on August 16, 2012, the Defendant talked about the Defendant’s obligation to the Defendant’s husband, and the Victim E talked about the Defendant’s obligation to the Defendant’s husband, and the Victim E talked about the victim’s face and head 4 times due to the small-scale illness, which is a dangerous object on the table of the location, the victim’s face and head knife at four times. When the victim prevents the head knife by hand, the victim’s hand knife with the above small-scale disease, the victim’s knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement to E by the police;

1. Each written diagnosis;

1. Application of an injury diagnosis certificate and Acts and subordinate statutes on medical records;

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 Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (two to four years) (two-one years) of habitual injury, repeated injury, and special injury (two-one-one-one-one-year special person) [Determination of sentence] The degree of injury to a victim was serious and not agreed upon. However, the defendant is also undermining the fact that the victim suffered injury requiring medical treatment for 21 days in the process of this case, the defendant is against mistake, and there is no other force except the punishment of a fine once, and there is no history other than the punishment of a fine. The circumstances leading to the crime of this case, the age, character and conduct, environment, means and consequence of the crime of this case, and circumstances of sentencing, such as after the crime, etc., the sentencing guidelines are exceeded and the sentence is determined as per the order.

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