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(영문) 대구지방법원 2016.01.29 2015고단5567
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 3, 2014, at around 17:30 on July 3, 2014, the Defendant: (a) was unable to extract the victim’s head on a one-time basis (38cm in total) from a dangerous object that the victim was in possession on the ground that the victim did not receive a telephone but did not reject the receipt; and (b) caused the victim’s head on a one-time basis (38cm in length) to put the victim’s head on the part of the number of days of treatment.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes in which statements made by the police in D are recorded;

1. The prosecutor of the pertinent legal provision regarding the facts constituting the crime of this case was prosecuted by applying Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); Article 2(1)3 of the Criminal Act; Article 257(1) of the Criminal Act to the facts constituting the crime of this case.

In this regard, Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act, which provides that the punishment of a person who commits an injury by carrying a deadly weapon or other dangerous object as a consequence of the promulgation and enforcement of the Act by Act No. 13718, Jan. 6, 2016, was deleted, and Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act are deemed to be an amendment of the Act based on reflective consideration that the previous sentencing was too serious. As such, the Act on the Punishment of Violences, etc. cannot be applied to the facts charged in this case, and the special injury crime (the special injury crime is included in the facts charged in this case, and it is within the extent that it can be recognized without modification of the Act) under Article 258-2(1) of the Criminal Act newly established.

The reasons for sentencing under Articles 258-2(1) and 257(1) of the Criminal Act are imposed on several occasions, and the Daegu District Court sentenced 8 months of imprisonment and 2 years of suspended execution to interfere with the execution of official duties on October 17, 2013.

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