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(영문) 대구지방법원 상주지원 2013.11.12 2013고단224
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

On August 31, 201, the Defendant, in a dry field cultivated by the victim D (year 54) in C (year 54) at the time of resident residence around 19:00, on the ground that the victim took a bath due to land boundary issues, while the victim took a dispute with the victim, the Defendant puts a part of the victim’s wood, which is a dangerous object at that place, into flag, so that the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A report on investigation (34 pages of investigation records);

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

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Article 55 (1) of the Criminal Act)

1. Article 62 (1) of the Criminal Act on the stay of execution (Taking into account that there is no record of punishment exceeding a fine);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. (Reflection of Danger of Acts, Danger of failing to obtain instructions from victims, the same kind of power, etc.);

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