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(영문) 대구지방법원 포항지원 2015.04.16 2015고단9

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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A defendant shall be punished by imprisonment for three years.

One (No. 1) of a seized monst spash shall be confiscated.

Reasons

Punishment of the crime

On February 6, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for property damage, etc. at the Changwon District Court, and the judgment became final and conclusive on the 14th of the same month.

On January 10, 2015, the Defendant: (a) discovered the victim E (V, 64 years of age) who is an employee of the said establishment in the 1st floor adjacent to “D cafeteria” located in the south-gu C commercial building at the port of port on January 10, 2015, by using a monet stringner ( approximately 15Cm in length) which is a dangerous object previously possessed by the victim, and caused the victim’s injury to the victim by taking advantage of approximately 3 weeks of the back water and the back part, etc. of the victim’s left-hand side without any special reason.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. Police seizure records;

1. A report on investigation (Attachment of a medical certificate);

1. A report on internal investigation (related to the attachment of a field photograph and a photograph of the body part of the victim);

1. Previous records: Application of Acts and subordinate statutes to the defendant's legal statement, inquiry report, previous records of disposition, report on results of confirmation, investigation report (a copy of indictment attached);

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of a recommendation] : (a) the aggravated area (three years or more to five years of imprisonment) of Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (hereinafter referred to as "special person") shall be considered such as the motive for the crime [decision of sentence ] the defendant appears to have committed the crime of this case in a state of mental unstable and the fact that the defendant is against the wrongness.

However, the crime of this case is a case in which the victim, who had not been involved for the purpose of assault, inflicted an injury on his hair head, etc. without any particular reason, and is the method and pattern of the crime.