(영문) 대구지방법원 포항지원 2016.05.12 2007고단117

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 포항지원 2016.05.12 2007고단117

폭력행위등처벌에관한법률위반(집단.흉기등상해)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On February 10, 200, on the side of the “C Oriental Bank” located in Northern-gu, Northern-si B at the port on February 10, 2000, the Defendant left the part of the victim’s ship to the effect that the Defendant was not frequently returned from the main point of “E” located around the victim D (the age of 51 South and North) to the effect that the Defendant did not return to the victim’s seat. On the ground that he left hand, the Defendant carried the part of the victim’s ship to the victim’s ship, which is a dangerous thing with a flick hand, and carried the part of the flick, requiring approximately two weeks of treatment to the victim.

Summary of Evidence

1. Statement made by the prosecution with regard to D;

1. Each police statement made to D or F (in the case of F, part thereof);

1. Application of Acts and subordinate statutes to medical certificates and medical opinions;

1. The degree of injury on the grounds of sentencing under Articles 258-2(1) and 257(1) of the Criminal Act related to criminal facts is relatively heavy. However, in this case, it is necessary to strictly punish the defendant in light of the following: (a) the method and content of the crime is very highly dangerous; (b) the defendant consistently stated that the victim was fully convicted of the crime in light of the victim’s consistent statement and the knife of the damage inflicted on the victim’s clothes at the time; (c) the agreement with the victim was not made or the victim was not made; (d) the defendant had been punished by violence, including three times a suspended sentence and two times a suspended sentence; and (e) the defendant tried to capture his whereabouts after the crime and intentionally gather criminal liability with unknown whereabouts at the time.

Specifically, in determining punishment, various factors of sentencing indicated in the records, such as the defendant's age, sex, environment, and circumstances before and after the crime, are considered in addition to the above circumstances.

참조조문

-형법 제257조 제1항

-형법 제258조의2 제1항

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