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(영문) 광주지방법원 목포지원 2015.01.05 2014고단1741

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 became final and conclusive.

Reasons

Punishment of the crime

피고인은 2014. 6. 19. 04:50경 목포시 C에 있는 자신의 여자친구 집에서 피해자 D(남, 34세)가 목욕을 하고 있었다는 이유로 흉기인 접이식 과도(총 길이 약 25cm)를 바지 뒤 호주머니에 넣은 채 나무판자(길이 약 40cm, 넓이 약 15cm, 두께 약 1cm)로 피해자의 머리, 팔 및 다리 부위 등을 약 20회 때리고 호주머니에서 위 접이식 과도를 꺼내어 오른손에 들고 피해자에게 “콱 죽여분다”라고 말하여 피해자에게 정확한 치료일수를 알 수 없는 왼손 손목 부분의 타박상 등을 가하였다.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury:

2. Determination of the scope of sentence: A minimum of the scope of sentence may not be modified according to the lower limit of the applicable sentencing range, even though there exist at least two persons who are subject to special mitigation in one year and June.

2. Two years and six months (a person who is subject to special mitigation: Minor injury or person who is subject to special mitigation: A person not subject to punishment)

3. Determination of sentencing and suspension of execution shall be made by reducing the punishment of the accused within the scope of the sentencing guidelines, and the execution thereof shall be suspended, taking into account the following factors: (a) whether the accused has made a decision on sentencing or suspended execution, and recognized and against the accused’s mistake; (b) the victim does not want the punishment of the accused by mutual consent with the victim; and (c) some of the circumstances surrounding