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(영문) 대구지방법원 안동지원 2014.11.07 2014고단703
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 3, 2014, at around 01:10, the injured Defendant: (a) took the victim’s head debt and taken the victim’s right side by hand on the ground that the victim was refused to make his/her request; (b) taken the victim’s head debt on his/her hand; and (c) taken the victim’s head debt up to E; and (d) taken the victim’s right side by drinking on one occasion.

As a result, the defendant did not know the number of days of treatment for a long time.

2. On August 3, 2014, the Defendant violated the Punishment of Violence, etc. Act (a collective injury by deadly weapons, etc.), around 01:43, the Ghop, which was located in Ansan-si F, requested the said victim D to talk with him/her and put him/her up one knife knife, which is a dangerous object, after giving him/her a knife a knife to his/her face, and laid down a knife and a knife with a knife.

As a result, the defendant carried dangerous objects and carried them about two weeks to the right side in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. Application of the relevant Acts and subordinate statutes to the seizure protocol and report of internal investigation;

1. Article 257 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act (the point of injury as stated in paragraph (1) of the facts of crime and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of injury as stated in paragraph (2) of the facts

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 ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48 (1) 1 of the Criminal Act to the confiscation is prescribed in subparagraph 1 of Article 48 (1) of the Criminal Act.

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