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(영문) 대구지방법원 2014.04.11 2014고단900

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 this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 22:30 on February 2, 2014, the Defendant used the food blade (30cm in total length, 17cm in length on the day), which is a dangerous object to the Defendant’s house, on the ground that the victim D (ma, 64 years of age) took a bath, and added the face and clothes of the victim to the head of Sincheon-si, Sincheon-si, for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of suspect D's body photographs, attachment of written opinions, and attachment of suspect D's injury diagnosis 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Where the reason for sentencing under Article 48(1)1 of the Criminal Act of the Confiscation is [the determination of a sentence] of the crime of habitual injury, repeated injury, special injury (including a special person), repeated injury, repeated crime, special injury (including a serious effort to recover damage), mitigation element of punishment (the decision of the recommending area] mitigation area / [the decision of the recommending area] mitigation area / [the decision of the recommending area] between June and February 2 years / [the decision of the sentencing] the defendant's face, clothes are highly dangerous as the defendant inflict an injury on the victim's face, knife, knife, and agreed with the victim. However, the defendant reflects the mistake and agreed with the victim, the degree of injury is not relatively heavy, and there is no criminal history beyond the fine; the defendant's age, character and behavior, environment, family relation, occupation, etc., and all other circumstances constituting the condition for sentencing as shown in the records of the punishment as ordered by the court.