beta
(영문) 대구지방법원 포항지원 2015.07.23 2015고단433

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On October 30, 2013, the Defendant was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (a crime of injury by collective action, deadly weapons, etc.) at the port branch of the Daegu District Court, and completed the execution of the sentence on March 8, 2015.

【Criminal Facts】

On June 4, 2015, at around 01:04, the Defendant, at the main point of “D” located in Northern-gu, Northern-si, Sinpo-si, and around five years of age, performed drinking as well as the victim E (60 years of age). The Defendant, who saw the victim’s voice, “I am 62 years of age, who is 62 years of age” from the victim, collected beer disease, which is a dangerous object in the main point, and flicked one time to the victim’s water table, and flicked two parts of the victim’s water table where the victim’s number of days of treatment is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Investigation report (whether to treat the patient or not and verify his/her status);

1. Previous records of judgment: Application of a reply to inquiry, such as criminal records, investigation reports (verification of repeated facts, and attachment of judgment);

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. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing [the range of recommending punishment] under Articles 53 and 55(1)3 (see, e.g., taking into account the circumstances favorable to the defendant stated in the reasons for sentencing] of the Act on Discretionary Mitigation [the range of recommending punishment] under category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodily Injury, Special Injury): [the period between nine months of imprisonment and two years and six months of imprisonment] under the special mitigation area (special mitigation] (the period between nine months and two years and six months of imprisonment] under the special mitigation area: The degree of injury is minor; the victim actively does not want until the defendant is punished; the victim is against the fact that the victim is actively committed until the punishment is imposed; the victim is against the defendant; the victim is highly likely to injure the head of the victim due to be taken into account; the defendant and the crime of this case are the same.