2015 Highest 3959 Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)

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A person shall be appointed.

District Court Decision 201Hun-Ga40 decided May 1, 201

Attorney (at Law Firm National Assembly)

November 6, 2015

A defendant shall be punished by imprisonment for two years.

Facts of crime

On September 19, 2015: at least 00, the defendant's father B, and the defendant's mother's mother's home at 00 Guro-gu Seoul, the residence of the victim C, which is the victim's house, the food was not good, while the victims were living together with the victims. Accordingly, the victims "boldly boomed the victim's house, boomed the victim's house, cut the victim's head part into the victim's house, cut the victim's house on one occasion by pushing the victim's house, cutting the victim's house into the victim's house, cut the victim's house, and continued two hairs of the victim's head with the food consignee, and caused the victim's injury by carrying the dangerous goods with the victim's body.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(2) and (1) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act

[Scope of Recommendation] Type 1 (Habitual Injury, Bodi Bodi Bodily Injury) (Aggravated Injury, Aggravated Bodily Injury) In the Aggravated Area (Aggravated Injury, Aggravated Bodily Injury) (Aggravated 1 to 5 years)

[Special mitigation (Aggravation)] In the event of a failure to punish (including serious efforts to recover damage) or a recovery of considerable damage, the victim who continues to exist and the victim who is vulnerable to the crime (decision of sentence)

Although the defendant had been sentenced to a suspended sentence of ten months in Seoul Southern District Court in 2000, the defendant committed the crime of this case at several times, the victims were pushed ahead of the victim's head on the ground that he was satisfe of the victim's satisfing, and the victim's head on the ground that satisfe of the victim's saturging, and the crime was highly poor in light of the method and content of the crime, and the part of the injury, etc., the following day of the crime of this case committed violence against the victim C. The victim was committed in the following day of the crime of this case, without taking measures such as aiding the victim from his head at the time of the crime of injury to the victim, and leaving the scene without providing any assistance to the victim on the pretext of going through the victim's satisfy, and the defendant tried to control the victim's life and body without any occupation, and even if the defendant was released, it appears that the defendant's life and body was not more favorable to protect the victim's life and body.

Judges prudent -