(영문) 대구지방법원 2015.03.19 2013고단5504

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(영문) 대구지방법원 2015.03.19 2013고단5504

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Defendant, on April 21, 2013, D summary in Daegu Dong-gu C around 02:00

At the main point, while drinking alcohol together with the victim E (years 27), the victim was aware of the victim's mind to the examination of the defendant's seat, and the head of the victim was cut one time, and the victim suffered injury such as cerebral celebs that require treatment for about 21 days, considering the snow part of the victim as a drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement of E;

1. Recording records;

1. The application of Acts and subordinate statutes, including a medical certificate of injury, a written confirmation of hospitalization, and a record of medical examination and treatment (the defendant is sufficiently recognized as the head of a victim's disease, in full view of the E's statement, a written diagnosis of injury that the victim suffered brain-dead illness, a written confirmation of hospitalization, a written record of medical examination and treatment, and a record of recording stating that the defendant got the victim's head from the victim's disease).

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (2 to 4 years) (2 to 4 years) of the category 1 (2) of habitual injury, repeated injury, and special injury (2 to 4 years) [Determination of sentence] of the defendant's head as a dangerous object, and the victim's head was taken out due to a two-way disease, which is a dangerous object, and thereby the victim was hospitalized. However, it is very high that the victim was hospitalized: (3 million won for the victim; (4) major circumstances such as deposit of money for the victim; and (3) motive, background, means and method of the crime of this case; (3) circumstances before and after the crime of this case; and (4) the defendant's age, character and behavior as shown in

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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