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(영문) 대구지방법원 의성지원 2013.11.14 2013고단233
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 became final and conclusive.

Reasons

Punishment of the crime

On June 19, 2013, at around 12:06, the Defendant, at the residence end of the Defendant located in the Sung-gun of Seongbuk-gun, around 12:06, caused the Defendant’s injury to the victim, i.e., the victim D (the age of 68) who employs him/her, on the ground that he/she did not pay daily allowances according to the amount promised by the victim D (the age of 68) on the day he/she harvests the math, thereby debrising the victim’s candles, and hack pipe ( approximately 185cm in length, approximately 20cm in diameter, about 185cm in diameter) that is dangerous in the surrounding part, and caused the Defendant’s right side part of the victim’s back part, which is the first 28-day medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [The reason for sentencing] - The crime of this case is determined as follows: (a) the Defendant inflicted an injury on the part of the victim by the pipe, such as knife knife snife snife, etc.; (b) the nature of the crime is bad; (c) the Defendant does not recover from damage; (d) its mistake is recognized and contradictory to it; and (e) there is no history of particular criminal punishment in Korea.

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