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(영문) 대구지방법원 김천지원 2013.08.14 2013고단554
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

At around 14:00 on April 29, 2013, the Defendant asked the victim of the “D” sports hall operated by the Defendant on the 2nd floor in the Gu, Si, Si, Si, 2013, whether the victim E (the disabled, 10 years of age) concealed the “child heart check card” in the name of the victim, which is a string card of another private teaching institute student, from the string of the windows, and asked the victim of the report why he was hidden. However, on the ground that the victim did not conceal it and makes the victim make a false statement, the Defendant made the victim unsatisfum unsatum” unsatisfing the victim on the floor, who was a dangerous object that was kept in the office of the said sports center, and knbbs at approximately 95 centimeters in length, and left the victim’s am and bucks at approximately 10 weeks in order for the victim to take about 10 ambucks and bucks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A report on investigation, a report on investigation (a photograph and a diagnosis attached to the upper part), a report on investigation (a statement of a witness of this case by telephone), an investigation report (a statement of a witness of this case by telephone), and a report on investigation (a report attached to a certificate of a disabled person);

1. Records of seizure and the list of seizure;

1. A medical certificate;

1. Application of Acts and subordinate statutes on standing photographs;

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

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

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [Determination of a type of punishment] domestic violence; habitual injury, repeated injury, special injury, repeated crime (special person) and special injury (special injury): Reduction elements of punishment (limited to the determination of the recommending area and the range of recommending punishment); Reduction element of punishment; one year and six months to six months [general person]. There is no record of criminal punishment [whether suspension of execution of sentence is suspended] If a person commits a crime by carrying dangerous articles: There is no record of major pride: There is no record of criminal punishment; and the reason for general pride in punishment is clear of social relationship.

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