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(영문) 대구지방법원 2012.11.30 2012고단5712

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Criminal facts

On September 8, 2012, at around 20:10, the Defendant, without any justifiable reason, expressed that “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.”

During that period, the defendant purchased a tenant at a discount line, broken the disease, and then calculated the drinking value again to the above restaurant, the above shouldered softener disease, which is a dangerous object for the lower time of the victim who calculated the drinking value at the above restaurant, and led the victim at least three weeks of medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, E, and D;

1. Investigation report (the statement of the victim, the statement of the doctor in charge, etc., confirmation of the status of the victim, and the statement by the doctor in charge of the victim);

1. Application of Acts and subordinate statutes to photographs, scene photographs of crimes, and medical certificates of a shoulderer's disease;

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. According to the sentencing guidelines for sentencing in accordance with Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (a favorable circumstance among the reasons for sentencing below), the instant crime constitutes a special injury by violent crime group. The scope of recommending punishment is three to five years (aggravated injury - a heavy injury).

Although the defendant led to the crime of this case and is against the defendant, the part of the clothes of the victim who is not known as a shouldered softener's disease without any reason is damaged to the inner organ, the knife also knife, and it seems that the degree of physical and mental shock suffered at the time is very large. Thus, the defendant should be punished strictly in light of the risk, seriousness, and gravity of the result of the crime of this case.

However, there is a deposit of the prescribed amount for victims.