beta
(영문) 대구지방법원 안동지원 2014.12.05 2014고단590

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On April 24, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) : (a) rap the victim E (year 51) in the main point of “D” located in Ansan-si, Dong-si, Dong-si, with the victim E (age 51) in a way that the victim’s opinions were inconsistent with one another as to the problem of farming life while drinking alcohol; (b) kn the victim’s face one time by drinking breath; and (c) cement brick (a) which is a dangerous object from the math, 19cm, 9cm in length, 5cm in height, 5cm in height).

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage) has broken down by putting about about 1m in his/her hand each item (onem in length) which is a dangerous object that had taken place for the same reason as the date and time set forth in paragraph (1), at a place set forth in paragraph (1), and putting him/her away in front of the Ftecas and the lower glass door managed by the victim E.

Accordingly, the defendant damaged the car managed by the victim by carrying dangerous things so that the car managed by the victim can be repaired at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to a report on investigation (No. 2 of the evidence list);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 336 of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The mitigated area (4 to 1.2 months), the mitigated area (4 to 1.2 months), the punishment of a person who is not subject to special mitigation (including serious efforts for recovery of damage), or the recovery of considerable damage (decision of sentence].