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(영문) 대구지방법원 2015.04.10 2015고단45
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on December 27, 2014, the Defendant, at the home of the victim D (Nam, 54 years of age) in Yongcheon-si, C, 319 Dong 107, 107, caused the victim's left side to walk up once, followed up four-time the face and chest part of the victim's face, followed up four times by a mountain knife (20cm in total length, 10cm in knife length) that is a dangerous object in possession, and put up two times the victim's left shoulder on the left side part, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Seizure records;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

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 48 (1) 1 of the Criminal Act;

1. Where the mitigated area (one year and six months to two years), the mitigated area (one year and six months to six months), the penal penalty (including advanced efforts to recover damage), or considerable damage is recovered according to the sentencing guidelines;

2. The execution of imprisonment shall be suspended by taking into consideration the fact that the decision-making error in the sentence is against each other, that there is no record of punishment for the same kind of crime, and that the victim does not want the punishment of the defendant;

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