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(영문) 대구지방법원 안동지원 2016.04.15 2015고단830

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 18, 2015, the Defendant: (a) placed iron bars (1m in length) that are dangerous articles in E E E E E E E E, operated by the victim D (60) who is permanently residing in C on a permanent basis on December 18, 2015; (b) placed in the main machine with dangerous dangerous weapons (19cm in total length, 9cm in length on a day) and carried them in the main machine; and (c) opened the e-mail door and opened the e-mailing door to the victim without any particular reason; (d) made the victim by drinking; (e) why the Defendant stolen the victim’s e-mail in the south;

The Domine’s typ typ math, and the injured person continued to use the Defendant out of the place of origin and her returning home, and caused the her frithe to her hump, and her hume hume hume hume hume hume hume hume hume hume hume hume hume hume humen

As a result, the defendant suffered bodily injury on the left-hand side of which the treatment period cannot be known to the victim due to dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each photograph, each investigation report, and accompanying documents to the Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of applicable sentences under the law] 6 months to 7 years [the scope of recommended sentences under the sentencing guidelines] newly established by the Criminal Act provisions, is an offense for which the sentencing guidelines have not been set. [Determination of sentence] Defendant again committed the instant special injury during the suspension period of the execution of the same kind of crime, and the instant crime committed by the victim without a clear reason under the influence of alcohol, thereby causing serious danger of the act of causing injury to the victim, it is inevitable to sentence sentence since its nature and criminal intent are serious.

However, the defendant is sentenced to the same punishment as the order after reduction of volume in consideration of favorable circumstances, such as the confession of the crime in this court, the fact that the defendant is a contingent crime under the influence of alcohol, the fact that the victim agreed with the victim, etc.