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(영문) 전주지방법원 남원지원 2015.09.15 2015고단155

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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

The defendant and the victim D(the age of 54) are married between the couple.

Around 21:00 on June 30, 2015, the Defendant, at the Defendant’s home located in Nam-si, called the victim and talked with the victim. On the grounds that “the victim intending to go to another person or to go to a third person,” the Defendant was suffering from a small-scale illness, which is a dangerous object in his/her place, and went to the back head of the victim once.

In the end, the defendant carried dangerous things and put the victim into a critical room for treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Occurrence of an accident subject to injury and report on voluntary operation;

1. Application of Acts and subordinate statutes to report internal investigation (to take photographs of the site and the body part of the victim's body);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing guidelines [Determination of types] : Violence crimes, habitual injury, repeated injury, special injury, and Type 1 (Habitual Injury, Bodily Injury and Special Injury) (Special Bodily Injury): Reduction element of punishment (general person): Reduction element: Reduction area of serious reflect [Recommendation Area and Recommendation Sentence] Reduction Area, Imprisonment with prison labor for a year and six months from June to June;

3. In light of the fact that the Defendant, who was sentenced to a sentence, committed violence against the victim by getting the head of the victim’s wife as the main disease, and that the degree and minor of the victim’s injury as a result, the Defendant’s liability is not weak.

(b).