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(영문) 대구지방법원 영덕지원 2013.05.08 2013고단35

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 30, 2012, at around 18:30 on December 30, 2012, the Defendant called that the victim E (the 119-year-old victim E (the 49-year-old victim) was the honorary rescue unit leader by telephone, and that the Defendant would bring one stuff if he was an honorary rescue unit leader, and the victim E would go back with “ how he would be aware of the Na,” and the victim E would go back with “I would go back with her face if she would have known of the Na,” and the victim would go back by hand, and the victim was frighter disease (the 3 weeks, the length of 25.5 cm), which is a dangerous object on the customer’s son, was collected by hand, and the part of the victim E was cut back once to the head of the 3 weeks-old part of the victim E, and was open to the victim’s wife, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Descriptions of a medical certificate;

1. Application of video Acts and subordinate statutes to the investigation report;

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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of applicable sentences under the law] 1 year and 6 months to 15 years of imprisonment (the determination of a sentence ] 1 year and 15 years of imprisonment (the special sentencing) of habitual injury, repeated crime, special injury [Special Bodily Injury] among the violent crime group : there is no mitigated element (the scope of the recommendation area and the scope of sentence ] : there is no mitigated element (the determination of the recommendation area and the scope of sentence) : The basic area of the category of habitual injury, repeated injury, special injury, and special injury 1 among the violent crime group: there is no aggravated element of imprisonment for 2 years to 4 years [general person] of imprisonment [no aggravated element of mitigation of sentence : no positive element of sentence : deadly weapons and other dangerous things.