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(영문) 대구지방법원 2015.11.12 2015고단4483
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On June 24, 2010, the Defendant was sentenced to five years of imprisonment for committing murder, etc. at the Daegu High Court, and completed the execution of the sentence in the Daegu Prison on February 22, 2015.

【Criminal Facts】

1. A special intimidation: (a) around 16:45 on August 30, 2015, the Defendant was unable to avoid disturbance under the influence of alcohol without any justifiable reason while she was under the influence of the Victim D (A, 48 years of age) before the center of the Victim D (A) in Daegu-gu, Daegu-gu; (b) the Defendant got out of the part of the Defendant’s bed, and the Defendant she got out of the part of the Defendant’s bed and she got out of the part of the part of the Defendant’s bed and she got out of the part of the part of the Defendant’s house located in the vicinity of the Defendant on the ground that it is bad for the Defendant to grow out of the part of his bed, and then, the Defendant threatened and threatened the victim’s face as much as the victim’s face flashed.”

2. In the above date, at the above place, the injured Defendant moved into a house where the victim frighted into and reported to the police, and thereby driving away from the police, and the Defendant saw “spawn . Doar . Doar . . d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d.)

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. Previous records: Application of Acts and subordinate statutes on criminal records, references to criminal records, and the number and confinement status of each individual;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (a point of threat to carry dangerous articles), Article 257 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

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 Article 48 (1) 1 of the Criminal Act;

1. Application of the sentencing criteria;

(a) Special intimidation (the scope of recommendations).

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