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(영문) 대구지방법원 안동지원 2014.10.24 2014고단729

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

[criminal record] On November 7, 2008, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc.) in the Daegu District Court’s Support on November 7, 2008, and completed the execution of the sentence on November 25, 201.

【Criminal Facts】

On November 14, 2012, at around 11:30 on November 14, 2012, the Defendant left the face of the victim D (the age of 45) in front of the Defendant’s house located in C, Gyeongcheon-gun, Gyeongcheon-gun, for the reason that he accumulated waste from the Defendant’s house in front of the Defendant’s house in front of the removal of waste, and stored waste in the Defendant’s debate, he continued to satize the victim’s face part once in one time by drinking, and opened the victim’s face part once, with each item (the length 125cm, the width 50cm), which is a dangerous object, one time in the surrounding area, and taken the face once with each item (the length 90cm, 25cm, and 25cm) which is a dangerous object, and obstructed the victim’s hand, and contacted the victim with the victim’s inner part and upper part, the left side part of the river 200 percent.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Investigation report (related to each item of the criminal arrest);

1. Before ruling: Criminal records, investigation reports (verification of the date of release and the copy of judgment) and the application of statutes;

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 proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing [the range of recommending punishment] under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the grounds for sentencing] (the scope of recommending punishment] under types 1 (Habitual Injury, Bodily Injury, Bodily Injury, Bodily Injury, Special Injury) (2-4) (2-year) (a special person)] of the basic area (2-year) (2-4) of the Criminal Act [the decision of sentencing] Defendant committed this case without being aware of the fact that he/she committed the crime while he/she is under repeated offense period. The victim is punished against the Defendant, and the Defendant is not under investigation in good faith.