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(영문) 대구지방법원 포항지원 2016.03.10 2015고단1359
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant B, at around 14:00 on October 5, 2015, at the front side of the E pharmacy located in Nam-gu, Nam-gu, Sinpo-si, Defendant B: (a) was under the influence of alcohol on the ground that the victim under the influence of alcohol was “a person who drinks alcohol”; (b) caused the victim’s fluorial fluorial fluorial fluor; and (c) caused the victim’s fluoral fluoral fluora when the victim’s face part of the victim’s face was cut off several times; and (d) the victim’s fluor fluor fluor, etc.

2. Defendant A, at the time, at the time, and at the place specified in paragraph (1), was assaulted as above from the victim B (51) and was set up against it and was displayed on the street store of nearby main supplies, thereby causing damage to the victim’s part on the part above the top part of the left side of the knife requiring treatment for about 10 days by knife (40cm in total length, 25cm in length).

Accordingly, the Defendant sustained an injury to the victim by carrying dangerous things.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Police seizure records;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. The relevant law and the defendant A who has selected a punishment on the crime: Articles 258-2(1) and 257(1) B of the Criminal Act; Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; the selection of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. Unfavorable circumstances against Defendant A: The method and content of the crime by knife the part of the victim by taking knife with knife, the high risk of knife, the circumstances favorable to the fact that the victim has been punished four times due to the crime of bodily injury: The agreement with the victim was made; the victim was committed in preference to the victim; the victim's wife was not relatively heavy; the victim's wife did not have any record of punishment exceeding the fine due to the crime related to violence; and the fact that the victim is against the mistake;

2. The defendant B’s unfavorable circumstances: the defendant first started assault and the defendant committed violent crimes, including suspended sentence.

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