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(영문) 대구지방법원 안동지원 2014.11.21 2013고단609

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

Around 02:30 on September 10, 2013, the Defendant: (a) at the Dong-dong prison located in Ansan-si, Andong-si, Andong-si, Andong-si, Andong-si, where 4380-23, the Victim D (Nam, South and 43 years of age) laid down the floor for the purpose of handling the victim; (b) the victim was also released the floor for the purpose of cutting off the floor for theme; (c) the Defendant was able to come from the room; but (d) the employee was able to put the victim at the room, but he was able to put the victim’s face, which is a dangerous object in the ward, and carried out a dangerous object inside the ward, and caused the victim to inflict an injury on the part of the Gu-gu ordinary trade, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each investigation report (No. 12 and 13 No. 12 of the evidence list);

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. The reason for sentencing [the scope of recommending punishment] under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the grounds for sentencing] (the grounds for a sentence favorable to the two types] of habitual injury, repeated injury, and special injury (the period of habitual injury, repeated injury, and special injury) (the period of two to four years) and no basic area (the period of two to four years) (the special person) (the decision of sentencing] of the Defendant committed the instant crime during the execution of the sentence; the Defendant is not sincere in the trial; and the victim is seeking to punish the Defendant, it is inevitable to sentence the Defendant.

In addition to the above unfavorable circumstances, considering the fact that a confession and reflect attitude appears, and the degree of damage to the victim is not serious, the lower limit of the recommended sentencing guidelines (two years) seems to be too heavy, so the lower limit of the recommended sentencing guidelines (two years) was set by leaving the lower limit.