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(영문) 대구지방법원 포항지원 2013.06.19 2012고단1342

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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

Reasons

Punishment of the crime

On September 20, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the port branch of the Daegu District Court on September 20, 2012 and the judgment became final and conclusive on February 9, 2013.

1. On July 16, 2012, around 01:05, the Defendant went to the room of E-friendly job offering F in order to force the Defendant’s female-friendly job offering E to enter the house of the victim D located in south-gu C at port.

Accordingly, the defendant invadedd the victim's residence.

2. On the same date and time as above, the Defendant sought to catch E head debt from the house of the above Paragraph 1, and went out of the house of the above Paragraph 1, and the victim F (the age of 16) pushed the Defendant with the defect victim who attempted to restrain the Defendant.

Accordingly, the defendant committed assault against the victim.

3. The Defendant violated the Punishment of Violences, etc. Act (abrupt by a group, deadly weapon, etc.) tried to restrain the Defendant at the same time and place as the above paragraph (2). The Defendant tried to restrain the Defendant from using the victim’s d (the age of 49) and his/her her son G, who attempted to restrain the Defendant from leaving the Defendant via the iron frame, and the victim’s eye was fined by cutting off the frame, which is a dangerous thing, and caused the victim’s eye to undergo approximately eight weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning F, E, D, and G;

1. Investigation report (Attachment of a medical certificate of injury and a photograph of injury);

1. Previous convictions in judgment: Application of investigation report (a case for which a separate trial is pending)-related Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the occupation of violence and the selection of imprisonment) of the Criminal Act;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.