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(영문) 대구지방법원 2015.10.22 2015고단3440
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On December 26, 2013, the Defendant: (a) placed a knife (13cc., 13cc., 21cc., 22:00 on the road located in the Dong-gu 1 Dong-dong Park, Daegu, 22:00, on the ground that “C” (the age of 36) was urged by the Defendant to “the Defendant returned the money that he paid as investment money, and by using a loan certificate therefor)”; and (b) placed the victim’s knife (21cc., knife) in and near the E E E E-cuasc vehicles parked in the vicinity or its neighboring place, and displayed the victim’s knife part of D’s knife in the course of blocking the victim’s knife, and knife the victim’s knife part of D’s knife to the right part of the victim’s knife that requires to be deducted by the Defendant.

Accordingly, the defendant carried a deadly weapon and inflicted an injury on the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against D, F, or G;

1. Statement of the police statement related H;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

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. For the reason of sentencing under Article 48(1)1 of the Criminal Act for the sentencing of Article 48(1) of the Confiscation Act, Article 2 of the Criminal Act that has no basic area [the scope of recommendations] [the scope of recommendations] under the category 1 of habitual injury, repeated injury, repeated crime, and special injury [the scope of punishment] under the category 1 of Article 48(1) of the Criminal Act (the scope of recommendations), and the scope of final sentences due to multiple aggravated crimes that have no basic area (two to four years).

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