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(영문) 대구지방법원 김천지원 2014.03.12 2013고단1670
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 September 28, 2013, the Defendant used food blades (31cm in length, 19.5cm in length, 19.5cm in length), which are dangerous articles, to enter the kitchen, on the ground that the victim Da (n, 52 years of age), was drinking alcohol and calculating the drinking value in the above restaurant for about 2 months prior to the calculation of the drinking value. However, the Defendant continued to treat the knife with the knife of the knife that the knife did not have any knife in which the knife had any knife caused by the knife, and tried to knife the knife on knife in knife in knife in knife in knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing blades;

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. Reasons for the sentencing of Article 62 (1) of the Criminal Act [Determination of Punishment] for a habitual injury, repeated injury, and special injury (special-saccupied person] for a habitual injury, repeated crime, injury, or special injury (special-saccupied person): In the event that an intentional act is committed: In the event that an intentional act is committed on the part of the incumbent factors, the non-members of the punishment [the scope of the decision and the recommended punishment] special mitigation area, September-2/6 [the stay of execution] - In the case where an act is committed with dangerous articles: In the event that an intentional act is committed with dangerous articles, the non-members of the punishment - General pride reasons - There are no previous convictions: Imprisonment with prison labor for a year and six months; and two years of the suspended sentence

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