beta
(영문) 대구지방법원 김천지원 2015.04.08 2015고단93

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 December 3, 2014, the Defendant, at around 23:00, 23:00, was drunk from the E main points in the operation of Kimcheon-si, Kimcheon-si D (Woo 49 years of age), while drinking as a problem of the drinking value with the victim, her head, which is a dangerous object on the table table (330ml) and her head, her head, her head, her head, her head, and her head, her head, who is a dangerous object (330ml), was her head, and her head was her head.

As a result, the Defendant carried dangerous objects with the victim about two weeks of medical treatment, resulting in the two-time blood transfusions, inception, and inception of the mouths.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (the same beer and beer of the same beer and beer used for criminal administration);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [Scope of recommending punishment] the area to be mitigated (one year and six months to two years and six months) (special mitigation] (agreement) of Type 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury) of habitual injury, Bodily Injury, and Special Injury;

2. The order is issued by comprehensively taking into account the following factors: (a) the Defendant’s decision to punish the instant crime from the investigation stage recognized the instant crime from the investigation stage; (b) the victim was the Defendant’s wife by mutual consent with the victim; (c) the victim appears to have caused the instant crime by contingently, while under the influence of alcohol; (d) there is no criminal history to impose a fine exceeding the Defendant; (c) the Defendant’s mother and wife to be supported by the Defendant; (d) the Defendant’s age, character and conduct, and environment; and (e) other various sentencing conditions shown in the proceedings