beta
(영문) 대구지방법원 2016.04.12 2015고단6274

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is living together with the victim C (V, 54 years old).

On October 10, 2015, at the defendant's house located in Daegu Dong-gu D, 317 dong-gu around 23:00, the defendant argued the problem of the vehicle in the name of the former husband of the victim and the defendant's house in the name of the former husband of the victim while drinking alcohol. On October 23:0, 201, the defendant had the bread knife (20cm length) which is a dangerous object in the kitchen, and threatened the victim. The victim threatened the victim with the knife with the knife, and the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knif knif knif.

The Defendant, while carrying the knive knife and excessive knife, was the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Protocols of seizure and protocol of seizure;

1. Application of relevant Acts and subordinate statutes to field beer photographs, victims' photographs, and photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, the reason for sentencing under Article 62-2 of the Social Service Order Act - Reasons for sentencing favorable: Contrary to reflectivity, the victim’s non-guiltyness, and no criminal records of suspended execution or more severe: The degree of injury of the victim; the victim’s life is at risk of being injured; the victim’s criminal records of the same kind and four times; - Other various sentencing conditions specified in the records of this case, such as the defendant’s age, sex, state of health, home environment, motive, means, consequence, circumstance after the crime, etc., shall be considered.