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(영문) 대구지방법원 2015.11.12 2015고단3973
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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. On July 23, 2015, at around 01:10 on July 23, 2015, the Defendant expressed that “A victim D (year 58) who was taking night guard in the guard room of the building 103 Dong-si, Youngcheon-si, Chungcheongnamcheon-si, in the guard room, was able to take the part of the victim’s left-hand part of the victim’s left-hand part of the body of the victim’s 3-4 times, while taking the part of the victim’s head 3-4, the victim was able to take care of the victim’s head 3-4, and the part of the victim’s head knife and the part of the victim’s knife in the guard room and put the victim’s knife for treatment between 3-4 and 2 weeks.”

2. The Defendant destroyed and damaged property by putting about KRW 5kg, which was placed in a guard room at the same time and place as the above 1.1. paragraph, and lowering the volume of the guard room, thereby destroying the glass equivalent to KRW 80,000 in the market price managed by the victim D.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement made to D and E;

1. A statement prepared by the F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of D's medical certificate);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous objects), and Article 366 of the Criminal Act;

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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The first offense (the scope of recommendations) in the sentencing guidelines shall be habitually injured, injured by repeated crimes and special injury;

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