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(영문) 대구지방법원 서부지원 2013.09.26 2013고단975
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 27, 2013, at around 19:30 on May 27, 2013, the Defendant, who violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.), called “the EM store” in the “victim D (EM) located in Seo-gu, Seo-gu, Seoul (hereinafter “EM”) to punish the victim and the Defendant with a trial fee due to the credit rating. As such, the Defendant used a food knife, which is a dangerous thing that was at any time in his/her kitchen, and threatened the victim with a knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. From around 21:00 on May 27, 2013 to around 00:14, the following day, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) : (a) the victim re-invened with the victim as an issue of credit rating at the “EM store” on the following day; (b) the victim knife knife a knife, which is a dangerous object from the victim’s knife and knife on the ground that knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k

As a result, the Defendant carried dangerous objects with the victim and inflicted injury on the victim, 84 days of medical treatment, such as climatic depression, which has no open address.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of carrying dangerous articles) of the relevant Act on criminal facts;

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

1. The amount equivalent to medical expenses and consolation money shall be paid to the victim under Article 62 (1) of the Criminal Act and agreed thereon;

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