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(영문) 대구지방법원 포항지원 2015.08.20 2015고단427
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for two years.

However, each of the above punishments shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:00 on February 23, 2015, the Defendants drink with the victim D (the age of 37) while drinking alcohol with the Defendant’s house prior to the Defendant’s 19:00, the Defendant B, who was aged at the end of the vision, takes a bath to the Defendants and takes a knife (the total length of 40cm), which is a dangerous object, inside the clothes of the Defendant B, and the Defendant A found the knife (the total length of 33 cm, 20 cm) which is a dangerous object, while taking advantage of the knife E, 101 Dong 112, which is the victim’s residence, and the Defendant B took a dispute with the victim, and she took a part of the knife in the body of the victim one time and took part of the knife with the victim, and exercised violence, such as the number of days in the body of the victim.

As a result, Defendants conspired to inflict bodily injury on the victim while carrying dangerous objects.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Police seizure records;

1. The first medical records of the emergency department;

1. Each investigation report (in relation to attachment of photographs of seized articles; attachment of photographs of the victim's head head's head's head's head's head's body) and the application of

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Articles 257 (1) and 30 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55(1)3 of the Criminal Act) (see, e.g., Supreme Court

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act of confiscation [the range of recommending punishment] : habitual injury, repeated injury, and special injury; Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury) (in the area of special mitigation (in the area of nine months of imprisonment or more to two years and six months of imprisonment) / minor injury, non-conformity with punishment (including serious efforts to recover damage) or .

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