(영문) 대구지방법원 2013.03.15 2012고단8867

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(영문) 대구지방법원 2013.03.15 2012고단8867

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant and the victim C(the age of 45) are North Korean defectors.

At around 14:30 on October 1, 2012, the Defendant, while drinking alcohol with the victim, etc. at the house outside the case of the case of the case where the North Korean defectors located in the Daegu Suwon-gu D apartment, the Defendant got dead of the victim, but the victim refused to do so, the Defendant stated, “I will do so,” and “I will do so. I will do so,” and “I will do so. I will do so,” and “I will do so,” and “I will do so,” and “I will do so. I will do so,” and “I 5 kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's left kn's kn's kn's kn's kn's kn's kn'

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to the certificate of injury, criminal photo of the body part, and photographs of the body part;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act, the instant crime constitutes a special injury by violent crime group, and the scope of the recommendation is either one year and six months to two years and six months (excluding mitigation area - punishment).

Although the Defendant appears to have committed the instant crime contingently in a state that is not good between the victim and the victim, since the Defendant used dangerous objects to inflict bodily injury on the victim, it is necessary to take the risk of the instant crime and the risk of harm and injury to the victim.

However, the order is issued in consideration of the fact that the defendant led to the crime of this case, reflects the fact that the victim does not want the punishment, and all aspects of the form of punishment.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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