beta
(영문) 대구지방법원 포항지원 2015.11.05 2015고단704

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

At around 04:00 on June 8, 2015, the Defendant: (a) told C to the purport that C’s “Is Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has Has?” while the Defendant had a Mas Has Ha

As a result, the Defendant, using dangerous things, inflicted injury on the victim, such as a visual image on the left-hand side where treatment is required for more than two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of victims;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] In the case of habitual injury, repeated injury, and special injury, the mitigated area (one year and six months of imprisonment or two years and six months of imprisonment), the mitigated area (including special mitigation), the punishment of a person who is not subject to punishment (including efforts to recover damage), or the recovery of considerable damage (the decision of sentencing] the method and contents of the crime, such as taking a cigarette or picture into the victim's face and taking a picture into account the risk of appearance, and the nature of the crime is heavy in light of the method and contents of the crime;

However, the degree of injury does not seem to be particularly significant, although the victim withdraws his/her intention to agree ex post, the defendant has agreed to pay a considerable amount of money when seeking a letter to the victim immediately after the occurrence of the case, and the defendant has paid it.