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(영문) 대구지방법원 안동지원 2014.08.29 2014고단189
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

1. The defendant and C in violation of the Punishment of Violences, etc. Act (a collective injury, etc., with deadly weapons, etc.) shall be subject to the E summary in C, around September 25, 2013, around 23:40, 2013;

At the main point, the dispute between F, the victim G (the age of 48) and microficials was brought by the Defendant on drinking the chest part of the victim at one time, and the head part of the victim was found to have been at one time due to the small-scale disease, which is a dangerous object on the table, which was on the table, and C was injured by the victim for about two weeks of treatment because he was shaking the breath of the victim's breath and the breath of the breath, and the breath of the breath of the breath of the breath.

Accordingly, the defendant, in collusion with C, injured the victim by carrying dangerous things.

2. Violation of the Punishment of Violences, etc. Act (joint injury) and C were in conflict with G, victim F (39 years of age) and microrelated issues at the date, time, place, and place specified in paragraph (1), and the Defendant committed an injury, such as diversing, spawning, and spawning the victim’s spath, making it possible for the victim to take advantage of the victim’s spath, thereby causing about 3 to 4 times the victim’s spathical injury.

Accordingly, the Defendant inflicted injury on the victim jointly with C.

Summary of Evidence

1. Defendant's legal statement;

1. Each part of the prosecutor's interrogation protocol against the defendant C, G, and F

1. Application of on-site photographs and statutes governing damage 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 30 of the Criminal Act, Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 2 (1) 1 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 (amended by Presidential Decree No. 1060, Jan. 1, 2000)

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