beta
(영문) 대구지방법원 2014.10.23 2014고단4614

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 July 26, 2014, at around 23:30, the Defendant, while drinking alcohol together with the victim E (the age of 49) at a dju shop located in the Daegu Suwon-gu, the Defendant inflicted injury on the victim’s left side side, such as flick, with a knife, which is a dangerous thing (10cm in knife length) where the victim did not pay for the borrowed money, while drinking together with the victim E (the age of 49).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on internal investigation (a statement on first aid by a warning hospital for a victim's first aid);

1. Application of the photographic Acts and subordinate statutes;

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 sentencing under Article 48(1)1 of the Confiscation Criminal Act / [Scope of Recommendation] Special Injury (a person who is subject to special mitigation (2 to 4 years) in the basic area (2 to 2 years) of Type 1 (a special mitigation) (a person subject to special mitigation) / [a person subject to sentence] / serious injury / [a decision of sentence] the defendant's injury by the victim, who is a deadly weapon, such as knife and sniff part of the victim, and the victim suffered from hospital treatment, and the victim suffered from hospital treatment is considered as knife and has suffered from hospital treatment, it is inevitable to impose severe punishment corresponding thereto, even if considering the circumstances agreed with the victim, to the extent that it threatens the life, if a large blood relative is damaged or excessive termination has taken place, it is necessary to take into account the situation agreed with the victim.

In addition to the past records of the suspended sentence of imprisonment with prison labor for an act of violence in 2007, the Defendant committed the instant crime even though there were a number of identical records of criminal punishment by an act of violence in the past.

The fact that the defendant has agreed with the victim, that the defendant has divided and reflected the mistake, etc., shall be considered as the circumstances favorable to the defendant.

Other crimes of this case.