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(영문) 대구지방법원 의성지원 2015.11.12 2015고단176
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On September 7, 2014, at around 03:39, the Defendant used electric shock machine, which is a dangerous object prepared in advance through open gates, in hand, around September 7, 2014, and intruded into the face with a double cover.

The Defendant, at the entrance of a plan to do so, was faced with physical growth of the victim E (the age of 25) of the above D, who was diving at the entrance of the plan. At this time, the Defendant inflicted bodily injury on the victim, such as double, chest, knee, knee and open fele, etc., requiring approximately two weeks of treatment by shocking the remaining victim’s distribution, hair, and leg part, etc., which had concerns over the victim’s awareness of sound to the kne.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes governing standing photographs;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] Special Bodily Injury (Special Bodily Injury) No. 1 (Special Mitigation) (Special Mitigation) and 2.6) [Special Mitigation], and imprisonment with prison labor for year and June 1, 200, the crime of this case committed by this case was committed by the Defendant with an electric shock machine prepared in advance by impairing another’s house at night with face-to-face face and ruping into another’s house, and committed an interview and planned act by the Defendant.

이에 대하여 피고인은 D과 대화를 위해 들어갔고 전기충격기를 호신용으로 가지고 가서 엉겁결에 사용한 것이라고 주장하나, 범행 시간, 피고인의 복장, 침입방법, 상해부위, 범행 후 정황 등에 비추어 설득력이 없고, 오히려 피고인은 D이 처 F와 연락한 것에 대하여 보복하기 위해 이 사건 범행을 벌인 것으로 보인다.

In addition, the defendant committed the crime of this case again during the period of suspension of execution for the same crime, and the defendant passed the period of suspension of execution.

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