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(영문) 대구지방법원 안동지원 2014.12.30 2014고단972
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 8, 2014, the Defendant listened to the victim E (58 years of age) who served a mixed alcoholic beverage in the D cafeteria located in Ansan-si, Andong-si, Around 18:25 on November 8, 2014, and the victim F (51 years of age) called “I fight well,” “I fights I fight.” On the top of the above cafeteria, I am assaulted against the victims by drinking and saluting from the victims. On the other hand, I am the back of the victim E, which is a dangerous object in the vicinity of the nearby Schlage, I am the back of the victim E, I am the left-hand shoulder of the victim E, I am knife the body of the victim E, I am the victim’s body knife, I am the victim’s face, I am the victim’s left-hand knife, I am the victim’s left-hand side.

As a result, the defendant carried dangerous objects and inflicted injury on the victim E, such as complete complete frying fright part, which requires treatment for about four weeks, and put the victim F on the chest for about four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol concerning E and F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Suspect E and F medical certificate of injury);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] There is no basic area (2-4 years and 2-4 years) (the decision of sentence] of Type I (2-year) of the Criminal Act for habitual injury, repeated injury, and special injury [the scope of recommendation] [the decision of sentence] of the defendant has been sentenced to punishment for the same kind of crime, but the defendant carries a variety of dangerous articles and puts a non-discriminatory violence to the victims. The defendant's act of having a face with a shoulderer's disease is that.

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