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(영문) 대구지방법원 2012.11.29 2012고단4887
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On August 14, 2012, at around 10:25, the Defendant, at the front of the studio construction site located in Daegu-gu, Daegu-gu, caused the victim D (the age of 56), who was a part of the construction work, to the left side side of the victim D (the age of 56), who was a deadly weapons, one time to the left side of the knife (the total length of 33cm, the length of 21cc) where approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Each police statement of E and D;

1. Records of seizure and the list of seizure;

1. A report on investigation (Attachment of a photograph of criminal implements);

1. Application of Acts and subordinate statutes of a medical certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. On the ground that the noise of the reasons for sentencing under Article 48(1) of the Confiscation Criminal Act is severe, a person working at a construction site is called a so-called "brupt crime," regardless of whether he or she is seen and relative, which may pose a risk to the life of the victim. In light of the motive of the crime or the method of the crime, it is inevitable to sentence the defendant as a sentence due to the inferior nature of the crime.

However, the defendant reflects the crime, deposited two million won for the victim, the defendant is a person with a disability of the second degree, the defendant is a relatively minor criminal record, the defendant is a person with a disability of the second degree, the defendant has a relatively minor criminal record, the injured person is not much severe, the defendant has an opportunity to know while living in custody for more than three months, and other various sentencing conditions such as the defendant's age, character, behavior and environment are determined as per the order.

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