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(영문) 대구지방법원 서부지원 2014.10.23 2014고단1336
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

[Criminal Power] On May 21, 2004, the Defendant was sentenced to 8 years of imprisonment for a violation of the Punishment of Violences, etc. Act in the Daegu District Court Kimcheon Branch on the grounds of violation of the Punishment of Violences, etc. Act (even at night and joint conflict), and completed the execution of the sentence in the Busan Correctional Institution on December 2, 2011.

【Criminal Facts】

On September 22, 2014, the Defendant, at around 22:30 on September 11, 2014, was unable to pass through a narrow alley road in Seo-gu, Daegu, Seo-gu, and became a driver of the said car and the horse.

In this process, the above driver left the Defendant and plunder the Defendant, and the Defendant brought about a knife ( approximately 36 cm in total length, about 22 cm in blade) which is a deadly weapon in front of the Defendant’s house located far away from about 5 meters.

In other words, the defendant returned to the above vehicle and found the victim C (59 years of age) who was in the vicinity of the vehicle, and caused the above victim to be mistaken for the owner of the vehicle in the last place, and led the victim to mispercing him as the owner of the vehicle in the last place, and caused the victim's parts, such as the victim, such as the victim, on a one-time basis, and the left-hand part of the elbel part of the knife, such as the need for treatment for about 14 days.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records: Application of Acts and subordinate statutes on criminal records, etc., personal identification and confinement status;

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 48 (1) of the Criminal Act of confiscation;

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the scope of liability for compensation is not clear);

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