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(영문) 대구지방법원 2015.05.19 2015고단1277
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

The defendant is the victim C (math, 47 years of age) and the husband and wife, and is currently in a divorce lawsuit.

1. On April 29, 2012, around 16:00, the Defendant: (a) 103 Dong-gu 1402, Seo-gu, Seo-gu, Seo-gu, Seo-gu, had the Defendant take care of the victim, and had the Defendant drinkd with the part of the victim’s arms and face.

As a result, the Defendant inflicted bodily injury on the victim, such as the cerebral cerebral le in which detailed treatment for about two weeks is required, and there is no open address in two parts.

2. 협박 피고인은 2014. 8. 13. 04:19경 불상지에서 백혈병으로 입원을 하고 있는 피해자에게 문자를 보내어 “당신 밤에 잘 때 문 단속 잘하고 자라 뭔 일 생길지 모르니까!! 내가 널 가만히 둘 것 같나.”라는 등의 문자를 보내어 피해자에게 위해를 가할 듯한 태도를 보여 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Medical certificates and photographs;

1. Application of Acts and subordinate statutes to investigation reports (to attach mobile phone text messages);

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act and Article 283 (1) of the Criminal Act concerning criminal facts;

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

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

1. Scope of the recommended sentence according to the sentencing guidelines - The range of the punishment for Class I crimes (Scope of Recommendation), the area of mitigation (one year and six months to two years), the area of special injury [special mitigation] [the scope of recommendation] - the scope of the second crime [the scope of recommendation] the basic area (two months to one year), the basic area (two months), the basic area (two months to one year), (one year), the number of multiple offenders who have no special person]: One year and six months to three years;

2. Circumstances in light of the circumstances:

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