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(영문) 대구지방법원 2013.08.09 2012고단8804
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

The Defendant, as a know-how, sought meals from his Kim Han-gu, Daegu-gu, Daegu-gu, 2012, which operated the Victim C (Y, 49 years old). From August 2012, the Defendant thought that the Defendant was a pair of people, provided meals to the Defendant, and presented his identification card to the victim during his well-being, and the victim refused it by making a defective report of marriage, and the victim refused it.

On December 10, 2012, the Defendant, at around 05:30 on December 10, 2012, 205: (a) took the victim’s face and head once each time, and (b) took the victim’s face and head into account, and (c) took the victim’s quih to the victim’s quih to the victim’s breath to the victim’s breath to the victim’s breath to the breath to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the investigation report (phograph photographs and photographs of damaged parts);

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

1. According to the sentencing guidelines for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing), the instant crime constitutes a special injury by violent crime group. The scope of recommending punishment is from 1 year and 6 months to 2 years (a minor injury).

The Defendant, in good faith, exercised violence against a quasi-victim on the ground that he could not be used for the victim.

결과적으로 피해자가 입은 상해의 정도가 크지는 않았지만 이 사건 범행 당시 피해자는 새벽녘에 느닷없이 각목으로 2회 가격을 당하고 목이 졸려, 그 과정에서 입은 충격과 고통은 쉽게 잊을 수 없을 정도로 큰 것으로 보인다.

Although there are personal circumstances that led to the confession of a crime, reflectment, and living together with the old-age, the responsibility of the accused is very heavy, and the accused did not receive a suspicion from the victim.

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