beta
(영문) 대구지방법원 안동지원 2014.11.28 2014고단290

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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 becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 290] On March 21, 2014, the Defendant, at the main point of “D” located in “D” permanent residence C on the ground that the victim E (the age of 23) was using the victim’s appearance while talking with “D”, and the Defendant, on his hand, caused two strings of 500c glass, the victim’s face, which is a dangerous object, twice the victim’s face, and caused two strings damage and strings that require approximately two weeks of treatment.

[2014 Highest 870] On June 28, 2014, around 06:00, the Defendant broken off four parts of the market value equivalent to KRW 180,00,00 in front of G in F in the permanent residence of North Korea, which is located in F in the permanent residence of North Korea.

Summary of Evidence

[2014 Highest 290]

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury (2014 highest 870);

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to the investigation report (No. 3 of the evidence list);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury: Type 1 (Habitual Injury, Bodi Bodily Injury and Bodily Injury), the mitigation area (1 year and 6-2 months), the punishment not (including a person who has been specially mitigated), or the recovery of considerable damage (including a serious effort to recover damage) (the decision of a sentence] the defendant has the record of committing the same kind of crime as the danger of the defendant's act; the fact that he/she agreed with the victim and the victim are relatively minor; etc., the consideration of