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(영문) 대구지방법원 2015.12.10 2015고단4823
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

except that 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

On September 13, 2015, the Defendant: (a) around 04:35, around 04:35, at the front of the D convenience store located in Busan Metropolitan City, the Defendant: (b) while drinking alcohol with E and F, the Victim G (26 years of age) went with Si expenses in relation to taking tobacco to E; (c) and (d) the victim H (25 years of age) who is his/her day-to-day, went into a dispute with E; and (d) in the middle, E left the scene along with F.

Since then, the Defendant returned to F along with the above D convenience point, and went to a dispute with the victims, and caused the victim G's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

The Defendant continued to run away from a softener's disease, which is a dangerous object, after he was left back, and the escape from the victim G refers to "Ira and knife only." This refers to a softener's disease, which is a dangerous object of the victim H's head.

As a result, the defendant added a multi-facel typology and bid to the victim G, carried dangerous objects, and threatened the victim G with about two weeks of treatment, and put the victim H into two typology and heat.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of H and G:

1. The police statement concerning F;

1. Each investigation report (the investigation of the first telephone of a shote, the investigation of the counter phone of a witness J, and the appendix of a shote photograph used when a suspect A threatens the victim H or G);

1. Application of Acts and subordinate statutes to report internal investigation (abstinences submitted by a victim H or G);

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation, the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of injury to carry dangerous articles);

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

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