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(영문) 대구지방법원 상주지원 2015.09.01 2015고단317
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 21:00 on May 30, 2015, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) committed assault against the Defendant’s sexual organ, the victim D (the victim 31 years of age, south) committed an act of assaulting the Defendant’s sexual organ, which is a dangerous object in his/her place, was placed in the victim’s room, and the victim’s face knife knife knife, which is a dangerous object in his/her seat, was knifeed by his/her hand, and knife knife knife knife knife knife knife knife knife knife k

2. The Defendant damaged the victim’s car at the above time, at the above time, and at the above place, the victim’s automobile was damaged by leaving 225,000 won of the market price owned by the victim when the victim took care of the victim’s face. On the other hand, the Defendant continued to set back the back glass of the observer car owned by the victim into pande so that the 200,000 won of the repair cost can be reached.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous objects), and Article 366 of the Criminal Act;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Criminal Act include the following: The scope of final sentence due to the mitigated area (1 to 6 months), the mitigated area (1 to 2 months), the mitigated area (1 to 16 months), the mitigated area (1 to 2 months), the mitigated area (1 to 1 months), the mitigated area (2 crimes (2 to 3 months), the mitigated area of the mitigated area (1 to 1 months), the mitigated area (1 to 6 months), the mitigated area of the mitigated area (1 to 10 months), the mitigated area of the mitigated area of the punishment (1 to 10 months), the mitigated area of the punishment of the accused (1 to 29 months [2], and the accused's other grounds.

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