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(영문) 대구지방법원 김천지원 2013.05.15 2013고단238
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 12:00 on November 9, 2012, the defendant found at the house of the victim C (18 years old) located in the Gu-si B building A 202, the defendant left the house of the defendant's friendship D prior to leaving the house without any turbation, such as "When there is money, she takes once". The defendant took two times the victim's left face with a bad hand, takes two times the back head, and the victim took two times the other knife (30cm in length) dangerous at the kitchen on the ground that the victim gets unsured, and brought the knife (30cm in length) and knife the other knife at the house of the defendant's friendship, and brought the victim's left face to the police room. The defendant did not see that the victim's knife's head and the other knife of the victim's left part, but did not come to the victim's left part."

In this respect, the defendant carried a knife, which is a dangerous thing, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement in the second police interrogation protocol against the accused;

1. Statement to C by the police;

1. C Complaints;

1. Application of Acts and subordinate statutes to investigation report (the specific place where the victim has assaulted against the other party of the victim and the kitchen length investigation);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Reasons for the suspended sentence of punishment under Article 62(1) of the Criminal Act [decision of types] for the crime of assault (decision of a favorable consideration among the reasons for sentencing] and the basic area of habitual crime, repeated crime, special assault [Scope of the decision and recommendation in the recommendation field], six to ten months [general person] mitigation elements: There is no record of criminal punishment [whether suspended sentence of imprisonment is suspended]. The case where a person committed a crime with a deadly weapon.

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