beta
(영문) 대구지방법원 김천지원 2013.12.18 2013고단1586

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On November 13, 2013, at around 13:35, the Defendant: (a) thought that “D” located in Kimcheon-si C is used by the victim E (n.e., 49 years of age) to pay the drinking value by leaving F, one’s own wife; and (b) held at home that the victim’s part of the victim’s et al. is a deadly weapon (n.e., 21cm in length) one-time, and carried out an open top of a plesive wall that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. The list of seizure;

1. Reports on internal investigation (the degree of damage to a victim, statements, site photographs, and sound photographs);

1. The application of Acts and subordinate statutes to each investigation report (in cases of attaching a medical certificate, attaching a copy of the standing photo and a detailed statement of treatment);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [Determination of Punishment] Violence: A sentence shall be imposed when considering the following: (a) the scope of mitigation area; (b) the mitigation area; (c) one year and six months to six months [whether or not the sentence is suspended]; (d) the main reason for a crime committed with a deadly weapon or other dangerous articles carrying a deadly weapon or other dangerous articles: A major reason for pride: A major reason for failure to punish: A person who was killed by a criminal act of the defendant; (d) there may have been no particular responsibility for the victim; and (e) the victim and his witness could not engage in any additional criminal act; and (e) the victim and witness might not have taken into account the fact that the victim and witness might not have any additional criminal act; and (e) the sentence is inevitable in light of the fact that the victim and witness might not have any further responsibility for the crime of this case;

However, it is a contingent crime, the agreement is that the victim does not want the punishment of the defendant, and the defendant is in 1985.