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(영문) 수원지방법원 2014.10.30 2014고단2652
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

Defendant,

1. 2009. 9. 21. 23:20경 피고인을 피해 숨어있던 법률상 배우자 피해자 C(여, 53세)을 찾기 위해 용인시 처인구 D에 있는 E의 집을 찾아 가, 근처에 있던 몽둥이로 현관문 유리를 내리쳐 깨뜨리고 이에 놀란 피해자가 밖으로 나오자 양손으로 피해자의 멱살을 잡고 마당으로 피해자를 끌어낸 후 계단을 내려가다가, 무언가를 쥔 주먹으로 피해자의 이마를 1회 내리쳐 치료일수를 알 수 없는 전두부 출혈상을,

2. Around April 2010, Gussta, Gussta, which was a dangerous object in front of the Gussta in the wife population F, was placed in a tension with the body of the victim, such as the victim's head, etc., and the chest, etc., in a number of times, and the victim's vessel cannot be identified by walking once on the part of the victim, and the number of days of treatment for the vehicle was committed respectively.

Summary of Evidence

1. Each legal statement of the witness H and E;

1. The police statement of H;

1. Application of Acts and subordinate statutes of the 112 Reporting List;

1. Relevant Article 257 (1) of the Criminal Act and the point of inflicting an injury upon a person who commits a crime: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] Special Injury (the scope of recommending punishment] The mitigation area (1 year and 6 months to 2 months): The scope of sentencing comparison between the sentencing range of minor injury and the sentencing range of recommending punishment: one year and 6 months to 2 years and 6 months [2 years and 6 months] [1 year and 16 months [2 years and 6 months]] of the criminal investigation process pending the prosecution of the instant crime, the ordinary relationship and life of the Defendant and the victim, and the victim are currently dead, and it is difficult to view that the Defendant is divided into the instant crime against the victim, within the scope of recommending punishment set by the sentencing guidelines, and the sentence against the Defendant shall be set by imprisonment with prison labor for one year and 6 months.

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