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(영문) 대구지방법원 2014.12.04 2014고단3993
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:00 on May 31, 2013, the Defendant laid the knife knife, which was dangerous in the kitchen due to the victim D (the 35 years old), directors, and childbirth, which was in de facto marital relationship at the Defendant’s residence, on the ground that the victim would come out of his house, and knife the knife, and knife the victim’s knife with the left hand, and knife the victim’s knife with the victim’s knife and knife “the dead, dead, dead, and dead..................) again, the victim’s knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. The application of the law to the medical certificate of diagnosis [the defendant was knife with his own knife with a knife and there is no snow for the victim, but according to the consistent statement of the witness D, it is recognized that knife with a knife for the victim]

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The following are the main points: (a) minor injury (i) category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (1 year and 2 months) in the mitigation area (1 year and 6 months); (b) minor injury [decision of sentence] the Defendant carrying a knife, which is dangerous thing, and is not sufficient to commit the crime by exercising violence against the victim; and (c) it is not agreed with the victim: (a) the degree of damage is not heavy; (d) the Defendant is discompared and against the mistake

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