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(영문) 대구지방법원 2014.11.06 2014고단2440
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for one and half years.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. On March 26, 2014, at the F cafeteria located in Daegu Dong-gu, Daegu, on March 26, 2014, Defendant A brought a dispute to the issue of a fine due to the previous assault incident between the victim B (the age of 52) and the victim B (the age of 52) who was under the influence of alcohol, Defendant A took the knife (the total length of 29cm, the knife length of 16cc) of the dangerous object in the train, and expressed an attitude that the body of the victim and the victim could be injured.

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

2. Defendant B is the death of a dangerous object against the victim A (year 55)’s act at the time and place mentioned in the preceding paragraph.

Sickly, the victim's head was flicked once, and the victim was injured by cerebral flicks that require approximately six weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement about G, H and I;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of a medical certificate;

1. A of the relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) 2 of the Criminal Act: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Confiscation Defendant A: Defendant A [the scope of recommending sentence] for the reason of sentencing under Article 48(1)1 of the Criminal Act; Defendant A [the scope of recommending punishment] for the mitigated area (4 to 1 year), for the mitigated area (4 to 1 year), for the mitigation of punishment (including serious efforts to recover damage), or for the recovery of considerable damage, Defendant B [the scope of recommending punishment] for habitual injury, repeated injury, and special injury [the scope of habitual injury, repeated injury, and special injury] for the mitigation area (1 to 6 months), for the mitigation area (1 to 2 years) for the mitigation area (1 to 6 months) for the victim (a special mitigation) for the occurrence or expansion of damage; and where the victim is also liable for the occurrence or expansion of damage from sources of punishment.

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