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(영문) 대구지방법원 의성지원 2014.03.27 2014고단32
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

A seized golf bond (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On March 1, 2014, at around 17:30, the Defendant: (a) heard the horses of the E shop operated by the victim D (Woo, 52 years of age) in the Sung-gun of Seongbuk-gun of North Korea; (b) heard the horses that the wife of the Do residents and her husband of the son of the son of the son of the son of the son’s son of the son’s son’s son of the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

The Defendant continued to report the facts of the crime by the victim to the police, and brought the kitchen knife (34 cm in total length, 21 cm in knife) on the scling knife in hand, and used the kitchen knife on the right side of the victim, and "if reported in 119, the knife shall be discarded off, the knife shall be discarded), thereby threatening the victim by carrying a lethal weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to the records of seizure, the list of seizure, photographs of criminal tools, photographs of the body part of the victim, and the written diagnosis of injury;

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 concerning a crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [unfair circumstances] - In light of the background, object and method of the crime, the fact that the crime is inferior and highly dangerous to society - the fact that no endeavor has been made to recover from damage has been made.

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