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(영문) 대구지방법원 김천지원 2015.12.23 2015고단1352

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

At around 01:00 on July 15, 2015, the Defendant, while living in the dwelling space of the Defendant C 50X-si, Si, Si, Si, 300, had been living in the dwelling space of the Defendant, had the face of the victim due to his fingers and he had the fingers, and had the head of the victim with a deadly weapon, which was placed in the kitchen-style kitchen-style kitchen-style kitchen-style kitchen-style kitchen-style (12.4cm in length on the day of the day), and had the victim's head with a knife, and had the victim's left upper part of the part of the victim's left upper part of the day of treatment one time, and had the victim injured the victim, such as the victim's flife in the left part of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Police seizure records;

1. The scene of crime, damaged articles, and photograph of victims;

1. 112 Application of Acts and subordinate statutes governing the details of report;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. A person who is not subject to punishment in the mitigated area (one year and six months to two years) (one year and six months) (special mitigation area) of Category 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury) of the Sentencing Criteria;

2. There are circumstances to consider, such as the fact that the Defendant recognized the instant crime and divided his mistake, and that the victim does not want the punishment of the Defendant by mutual consent with the victim.

However, the crime of this case is committed by the defendant again during the period of suspension of execution due to the same crime, and it is inevitable to punish the defendant as illegal act.

In addition, in comprehensive consideration of the defendant's age, character and conduct, environment, motive and circumstances leading to the crime of this case, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined.