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(영문) 대구지방법원 2014.11.06 2014고단4329
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On July 13, 2014, around 23:50 on July 13, 2014, the Defendant, who entered a residence, entered the above apartment site via the open-cut window in the back bend of the above apartment site, to verify whether the victim is a male and female, and in order to confirm whether the victim is a male and female.

2. The Defendant violated the Punishment of Injury and Violence, etc. Act (collective assault, etc.), at the time and place specified in paragraph (1), reported that the said C is enjoying together with the victim E, who is another male, and sent off the face and body of E, which is the victim, by drinking and drinking, and continued to be killed in the victim E, which is a kitchen, which is a dangerous thing in the kitchen, and threatened with the death of the victim E by the kitchen knife, which is a dangerous thing in the kitchen, and was taken to the victim’s hand.

As a result, the Defendant inflicted an injury on the victim E, such as influence of treatment days, and assaulted the victim with dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to each investigation report (on-site conditions, etc., attachment of E medical certificates);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 319 (1) of the Criminal Act (the point of injury, the choice of imprisonment with labor), Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 62-2 of the Criminal Act of the community service order;

1. Crimes No. 1 in the sentencing criteria [Scope of Recommendation] Crimes in Type 6 (Habitual, Cumulative, Habitual, Special Violence) and the basic area (6 months to 10 months) of the sentencing criteria (6 months to 10 months) (no special person). In general, the second crime [the scope of Recommendation] of the sentencing criteria shall be the general injury.

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