(영문) 대구지방법원 서부지원 2014.09.05 2014고단1085

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2014.09.05 2014고단1085

상해

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On February 11, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.), and on April 28, 2011, the Defendant was sentenced to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (a threat to collective weapons, etc.) in the Western District Court Branch Branch of the Daegu District Court on April 28, 2011, and completed the execution of the said suspended sentence on August 26, 2011 after the said judgment became final and conclusive, and the said suspended sentence became void and the said suspended sentence was completed on February 21, 2013.

On 05. 04. 12:00 on 04. 05. 12:00, the Defendant, at a tobacco store where the trade name in Seogugu-gu B is unknown, caused the victim C (the victim 63 years of age) to find and drink the Defendant at his own shop and find the victim's face and drive the fright, and caused the victim's face to be 4-5.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate of injury, or photograph;

1. Previous records: Application of Acts and subordinate statutes to search and output of cases by the Supreme Court Na, one copy of the current status of personal identification and confinement (A), one copy of the judgment, and one copy of the judgment;

1. Article 257 (1) of the Criminal Act applicable to the crimes. Article 257 (1) of the Criminal Act;

1. In light of the fact that the defendant for sentencing under Article 35 of the Criminal Act among repeated offenders has a record of being punished several times for the same crime, that the defendant is in a repeated crime period for the same kind of crime, that the defendant again commits the crime of this case without being aware of the fact that he/she was committed even though he/she was under trial for the same crime, and that there is no agreement with the victim, the punishment as the disposition shall be determined by taking into account the confession and reflectness of the defendant, the circumstances

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제35조

-형법 제257조 제1항

유사 판례

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-서울중앙지방법원 2013.07.04 2013노1590

-대구지방법원 2014.12.12 2014노3154

-전주지방법원 2015.04.16 2014고단101