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(영문) 대구지방법원 포항지원 2016.02.03 2015고단717

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 17:00 on March 7, 2015, at the house of D, which is a woman living together with the Defendant, 102-dong C Apartment 404, the Defendant: (a) was flicked with the victim E (55 years old), and was flicked with the Defendant’s clothes of the victim E-(55 years old). The Defendant flicked the part of the victim’s worship and the body of the back and the body of the back, which is a dangerous object stored in the kitchen at the same place, and was flicked with the victim’s face, shoulder, and the part of the kitchen (40cm in total length) which is a dangerous object stored in the kitchen at the same place.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of two Acts and subordinate statutes to each written diagnosis;

1. Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts at issue (amended by Act No. 13718, Jan. 6, 2016; Articles 3(1) and 2(1)3 (a) of the aforementioned Act were deleted; and Article 13719 of the Criminal Act was enacted as Act No. 13719 on the same day (one year to ten years). The Supreme Court held that the above provision of the Criminal Act was an anti-sexual measure taken from the fact that the punishment provision of the previous special Act was more severe than that of the punishment provision under the previous special Act; thus, the defendant was sentenced to imprisonment with prison labor for a more than the previous law after the crime was committed; thus, the defendant was sentenced to imprisonment with prison labor for a more severe punishment than that of the previous law; thus, the defendant was sentenced to punishment for the same crime under Article 258-2(1) of the Criminal Act during the period of suspension of execution (Article 1(2) of the Criminal Act, 14).7).