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(영문) 대구지방법원 의성지원 2015.08.13 2015고단104
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 18:00 on April 15, 2015, the Defendant found the victim on the ground that the victim’s inside the house (the age of 57) of the victim D (the age of 57) located in the Cheongsong-gun C does not have any wage, and made a claim by telephone, and used one excessive (21cm in total length) and one knife (30cm in total length) which are dangerous things in the kitchen located in the kitchen at the same time, as the victim’s knife, and put the victim’s knife and knife in a knife and knife (30cm in total length) one time on the part of the victim’s knife, and continuously put the victim’s knife, which is dangerous things in a way to keep the victim’s head at the same time, and brought about the victim’s injury, such as an unknown body of the part requiring a detailed treatment for about two weeks.

2. On April 15, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) stated the F facts charged of the instant case in front of the Cheongsong-gun E in front of the Cheongsong-gun, Chungcheongnam-gun, Cheongsong, as I, as I, but appears to be a clerical error in F, which is the domicile of D.

Up to about 4 km, Gpoter Ⅱ driver without obtaining a driver's license in the area of about 4 km.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. A report on investigation (Attachment of a medical certificate);

1. Registers of driver's licenses;

1. Application of each statute on photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 152 subparagraph 1 of the Road Traffic Act; Articles 152 and 43 of the Road Traffic Act;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the long-term punishment for two crimes is aggregated);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act does not have any record of punishment for the same crime, the degree of injury suffered by the victim shall not be severe, and considering that the defendant agreed smoothly

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