(영문) 대구지방법원 2015.05.14 2014고단5783

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(영문) 대구지방법원 2015.05.14 2014고단5783

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 21, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury, etc. at the Daegu District Court on November 21, 2014, and the judgment became final and conclusive on November 24, 2014.

On July 12, 2014, around 04:00, the Defendant: (a) around Ulsan-gu, Ulsan-gu, the victim E (Nam, 22 years of age) who passed the place; (b) and his behaviors and snow with each other, was in conflict with each other; (c) was trying to get the head of the victim by gathering a stone on the floor, but the victim tried to get the head of the victim away from the wind to the right end; and (d) was pushed the victim by pushing the victim on his body.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Criminal tools and photographs of the victim's body;

1. Previous records: Application of the output of the fixed date KICS, each of the judgment (Tgu District Court Decision 2014No3095, Daegu District Court Decision 2014No3771, Daegu District Court Decision 2014No371

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant had been punished several times as violent crimes, and even during the suspension period of execution due to the crime of attempted special robbery, again led to the crime of this case. The defendant's act of assaulting the victim with a stone on his/her behalf and the nature of the crime is not good. The defendant's act of assaulting the victim, and the circumstances that are unfavorable to him/her, such as the defendant's act of assaulting the victim, the fact that the defendant's act of assaulting the victim late and against him/her, the fact that he/she has agreed with the victim, the balance between the latter part of Article 37 of the Criminal Act and the case of concurrent crimes, and the motive, circumstance, means and method of the crime of this case, the situation before and after the crime, and other various circumstances as shown in the arguments of

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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