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(영문) 대구지방법원 2016.03.18 2015고단6416
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (ma, 68 years old) are married couple.

1. On November 11, 2015, on the ground that the defendant's house located in Jung-gu Daegu-gu, Daegu-gu, the victim met with another male on the same day, the injured defendant left in the left-hand room in need of treatment for about seven days among the two descendants, for the same reason that the victim met with another male.

2. On November 11, 2015, around 17:00, the Defendant threatened the Defendant with the Defendant’s house, which reads “to see see it by leaving the Saturdays,” and the Defendant, which is a dangerous thing in the kitchen, going through the kitchen, string the victim’s left part of the kitchen, with the kitchen and the house, and flicked the victim’s right shoulder.

The Defendant, while carrying the kitchen knife and bags which are dangerous things, had the victim receive medical treatment for about 14 days, and had other following arms damaged, boomed, bellated, etc.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police in each protocol concerning C;

1. Each 112 Report/handling statement, each diagnosis statement, each written statement, and investigation report (with respect to the statement of a wooden person);

1. Application of each video statute to the victim of an injury of the victim, such as photographs and photographs;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of injury and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for the reduction of the amount of punishment [the scope of the statutory applicable sentences] [the scope of the punishment under law] from six months to seven years of imprisonment [the types of violence]] in the case where: (a) the type 1 (general person in special sentencing] [the person in special sentencing] of minor injury (1 and 4) of the mitigation element; (b) the punishment of minor injury (including serious efforts to recover damage) or considerable damage has been recovered (the decision in the area of recommendation].

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