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(영문) 대구지방법원 2015.03.20 2015고단351
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

A seized blade (32cm in length, 20cm in blades) shall be confiscated from the accused.

Reasons

Punishment of the crime

On January 13, 2015, the Defendant, around 13:20 on January 13, 2015, suffered an injury on the part of the victim E (the age of 44) who was dissatisfied with the victim on the ground that the victim E (the age of 44) was not able to repay the money borrowed from the Defendant in front of the 201 entrance of the defendant's house Dolltel in Daegu-gu, Daegu-gu, the Defendant suffered an injury on the part of the victim, such as the right side of the kitchen, which is a dangerous weapon in the defendant's house, which was placed on the kitchen, and the kitchen, which was located on the part

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding E;

1. To enter records of seizure, the list of seizure, the certificate of diagnosis of injury, and the list of processing of reported cases, respectively;

1. Application of each Act or subordinate statute of a deadly weapon, photograph, photograph, and clothes photograph, and photograph of the victim's residence;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [the scope of applicable sentences under law] 1 year and 6 months of imprisonment [the determination of a sentence] 1 year to 15 years of imprisonment ] / Type 1 (special injury for habitual injury, repeated crime, special injury ] of habitual injury, special injury among the violent crime group : None of the mitigated factors: [the scope of decision and sentence in the recommendation field] None of the mitigated factors: [the scope of sentence] of the basic area of category 1 of habitual injury, repeated injury, special injury among the violent crime group : No of two years of imprisonment or four years of imprisonment [the general person]. There is no aggravated element of mitigation [the main reason for suspension of sentence]. There is no positive element of mitigation: Where a person commits a crime with a deadly weapon or other dangerous object: there is no positive factor: the previous and the positive factor of a suspended sentence (the reason for suspension of execution of sentence of imprisonment of not more than 5 years): no positive factor of a contingent crime: no criminal record nor effort to recover damage [the defendant].

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