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(영문) 대구지방법원 2015.09.11 2015고단2683
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On May 14, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for an injury to the Daegu District Court, and the judgment became final and conclusive on July 25, 2015.

The defendant C(n, 39 years of age) is a space with about eight months living together.

On April 7, 2015, at around 01:30 on April 7, 2015, the Defendant was dissatisfied with the victim's house located in Daegu Northern-gu, where he listens to the horses, and was collected from the victim's horse, which is a dangerous object to the victim's head, and was in line with the victim's head head, etc., and continued to collect a food gate, which is a dangerous object to the victim, and was in line with the victim's head, and was in line with the victim's head, and was in line with the victim's knife and drinking face, and the chest part.

The Defendant, while carrying a person who is in danger of the foregoing, sustained the victim, and sustained a tear that can not be known of the days of treatment.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made to C by the police statement;

1. The images of the victim's photograph and his/her photograph;

1. Records before and after judgments: Criminal records, etc., inquiry report, inquiry report on the progress of the case (Tgu District Court Decision 2015No1992), and application of each Act or subordinate statute of the judgments;

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

1. Reasons for sentencing [the scope of applicable sentences under law] for 1 year and 6 months of imprisonment or 15 years of imprisonment [the determination of a sentence] term] under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [the scope of applicable sentences] (the determination of a sentence] under Article 55(1)3 of the Criminal Act - In a case where habitual injury, repeated crime injury, special injury (the habitual injury, repeated crime injury and special injury] [the special person] under category 1 (the punishment for mitigation (including a serious effort to recover damage) or considerable damage (the decision of the recommended area] under the mitigated area - the reason for sentencing [the reason for sentencing].

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