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(영문) 대구지방법원 포항지원 2014.11.25 2014고단1123
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the husband of the victim C (here, 35 years of age).

On June 1, 2014, around 19:25, the Defendant, at his own house located in North-gu Da apartment house 102 203 and 102 dong 203, brought about a deadly weapon (12 m in the length of knife) that the Defendant was taking a deadly weapon (12m in the length of knife) and reached one time the part on the right side of the victim.

As a result, the defendant brought about a right-hand wall that requires treatment for about three weeks to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and C;

1. Police seizure records;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than one year and six months, and not more than fifteen years;

2. Scope of recommendations set forth in the sentencing guidelines - the range of punishment for the crime of violence, habitual injury, repeated injury, special injury, mitigation area of category 1 (special injury), imprisonment for year and June - Suspension of execution of imprisonment for a period of one year and six months (specific injury), - Suspension of execution of imprisonment for a period of two years and six months:

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