beta
(영문) 대구지방법원 2014.09.19 2014고단2977

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

On April 26, 2014, the Defendant: (a) around 01:50, at the “D cafeteria” located in Daegu-gu, Daegu-gu, the Defendant her husband performed mixed alcohol at his her her her her son and reported that he/she was together with the employee E (V, 51 years of age). In so doing, the Defendant got the victim’s face.

As a result, the defendant carried dangerous articles with the victim for about 21 days and put the victim into an open body in the area of eye and snow room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to an injury diagnosis certificate and an investigation report (information on recording of a victim's statement);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. against Crimes, and Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The suspended sentence under Article 62(1) of the Criminal Act that was unable to agree with the victim for the reason of sentencing is a unfavorable condition to the defendant, or that the defendant confessions and reflects the defendant's mistake, that is a crime committed contingently under the circumstances deemed to have known that the victim was in an inappropriate relationship with the defendant's husband, the defendant's payment of medical expenses to the victim was made in lieu of the victim. After that, the defendant tried to deposit a considerable amount of money after the victim's death, but the victim was not informed of his/her personal information, and there is no other penalty except for one fine, and there is no other punishment except for one fine, and the various reasons and guidelines for sentencing (the group of violence crimes, habitual injury, injury, repeated injury, special injury, type 1, mitigation area, recommendation range: imprisonment with prison labor and June - 6) as indicated in the arguments in the instant case.