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(영문) 대구지방법원 안동지원 2014.10.31 2014고단594
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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 June 15, 2014, at the front of the defendant's house located in C at permanent residence around 20:50, the defendant reported that D, who is the wife of the defendant, met the blick with the victim E from the victim E, and cut off the cement sculpture (the length of 21cc, the width of 17cc) which is a dangerous object located in the house, one time the part of the victim's left head.

As a result, the defendant carried dangerous articles and caused the victim to suffer from the victim's illness on the head of the U.S. head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal accidents;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] In cases of habitual injury, repeated injury, and special injury: Type 1 (Habitual Injury, Bodi Bodi Bodily Injury and Bodily Injury), the mitigation area (1 year and six months to six months), the mitigation area (including specially mitigated persons), the punishment not (including serious efforts to recover damage), or the recovery of considerable damage (a decision on a sentence] types of injury, the criminal records of the defendant, and the fact that the defendant agreed smoothly with the victim, etc.;

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