(영문) 대구지방법원 2014.04.17 2014고단552

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(영문) 대구지방법원 2014.04.17 2014고단552

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 8, 2014, the defendant's collection measures around 14:30 of the defendant in Yongcheon-si, the problem is that the victim D(54 years of age) and coffees were made up with the money that the victim collected by coffee value and made up with the money that the victim came up with.

The victim abused the part of the victim's head only once due to an empty disease, which is a dangerous object that caused the defect in the hump of this hump.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Investigation report (on-site confirmation and attachment of photographs) and the site photographs attached thereto;

1. Investigation report (statement E);

1. Application of the Acts and subordinate statutes governing victim photographs attached to investigation reports (to attach photographs of the victim of violence against the suspect);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The range of recommended sentences on the sentencing guidelines [decision of types] and the range of recommended sentences for violence crimes: Habitual crime, repeated crime, special assault (special offender] mitigated elements: The area of mitigated punishment [the scope of recommended punishment], the area of mitigated punishment [the range of mitigated punishment], April to February; and

2. In light of the fact that the defendant, who was sentenced to punishment, carried dangerous articles and led to the instant crime, the punishment as ordered is not minor, however, considering the following factors: (a) the defendant reflects the error of the defendant; (b) the defendant agrees smoothly with the victim; (c) the defendant has no record of the same kind; and (d) the defendant's age, character, conduct, intelligence and environment; (b) the motive, means and consequence of the crime; and (c) the circumstances after the crime, the punishment as ordered shall

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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