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(영문) 대구지방법원 안동지원 2014.07.11 2014고단59
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on December 15, 2013, the Defendant: (a) knife the victim D (year 49) who fested together at the Defendant’s house located in Ansan-si C, with two knife two knife in the conversation with the Defendant and the Defendant’s petle E; (b) knife the knife of dangerous things (15cm in knife, 15cm in knife) that are incurred on the left hand, knife the victim’s head; (c) knife the knife of other knife in the knife hand, knife the victim’s chest and face; and (d) knife the knife part of the knife part into the knife part; and (d) knife the knife part of the knife part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 3 (1) and 2 (1) 3 of the Act on Special Cases concerning the Punishment of Violences, etc. of Crimes, Article 2 (1) 3 of the Criminal Act, 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. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] : (a) there is no basic area (two to four years) of the first type (two-four years) of habitual injury, repeated injury, and special injury [the sentence] [the decision of sentence] ; (b) there is no special person [the defendant cannot be deemed to be less easily punished; but the defendant's liability for the crime cannot be deemed to be light; (c) it is determined by taking into account all the conditions stipulated in Article 51 of the Criminal Act, such as the fact that the defendant recognized his/her mistake and agreed with the victim.

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