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(영문) 대구지방법원 경주지원 2013.07.18 2013고단252
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Around 23:00 on December 2, 2012, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.), took a bath to the victim C (the age of 36) under the influence of a singing room where it is impossible to identify the trade name of the two-day top-dong at the same time. The victim’s resistance, which led to the victim’s face, such as the mebbbb, the bit of bitch, the left-hand chest and the left-hand wing on the face of the victim.

2. On January 4, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) : (a) under the influence of the Defendant at the house of E located in Gyeong-si, Chungcheongnam-si, Chungcheongnam-si; (b) and (c) threatened the victim in a way that the victim F (the age of 42) saw him/her to have made a statement unfavorable to him/her about the case described in paragraph (1) by using a blick, which is a dangerous object (the length of approximately 8 cm, approximately 20 cm on the blick, the blick, etc.) on the ground that he/she had the police officer assigned his/her service for the police officer in charge of the police box.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, E, and C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act (a threat to carry a deadly weapon, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the damage is relatively insignificant, that the victims have agreed to do so, and that there is a reflective nature);

1. Article 62 (1) of the Criminal Act (Special Consideration in the preceding sentence);

1. Social service order under Article 62-2 of the Criminal Act;

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