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(영문) 대구지방법원 포항지원 2015.08.27 2014고단1389
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

On February 13, 2011, the defendant threatened the victim D (the 50-year old-old) who is a female living together in the north-gu, Magna, Mag-dong 303 (the 50-year-old age) with the victim's face several times by hand, and with a dangerous weapon (the 30cm in total length, 18cc in knife) in the main room, the victim's face will be cut back to the victim's knife and the victim's knife at the same time." On February 13, 2011, the defendant continuously threatened the victim's face several times with the knife of the head of the victim's head, and caused several side knife to the victim several times, about two weeks by the 4th left knife in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to report on investigation (the attachment of photographs of a victim, suspect, or seized article);

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodily Injury and Special Bodi Bodi Bodily Injury) (Aggravated Punishment from September to two years), where minor bodily injury, penalty not (including serious efforts to recover damage), or considerable damage is recovered (a decision of sentence] unfavorable: (a decision of sentence : (b) threatening the victim with a knife while threatening him/herself with a knife and knife several times; (c) the method and form of the crime are highly dangerous; (d) circumstances favorable to the fact that the previous offense was committed several times; (d) the degree of injury is relatively minor; and (e) the defendant does not have any criminal offense related to violence; and (e) other types of crimes are different before about 10 years.

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