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(영문) 대구지방법원 안동지원 2015.08.04 2015고단397
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 12:40 on May 28, 2015, the Defendant: (a) left the victim’s house located adjacent to the Defendant’s residence in Ansan-si, with a pipe (50-60cm in length) which is a dangerous object that was adjacent to the Defendant’s house on the ground that the Victim D (Woo, 45 years of age), she turned into his/her own seat before the Defendant’s house located adjacent to the Defendant’s house; and (b) laid down the Defendant’s house at the right shoulder.

In addition, the Defendant, while referring to what is, she was, added the Defendant’s two arms, and she took the part of the victim’s right head at one time with an empty baby, which is a dangerous object at the site, while taking a bath that “Is Chewing........”

As a result, the Defendant got the victim from the hack pipe and small-scale disease, which is a dangerous object, and led the victim to approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation;

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 Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Where the mitigation area (one year and six months to two years), mitigation area (one year and six months to six months), penalty not (including advanced efforts to recover damage), or considerable damage has been restored to the sentencing criteria [Scope of recommendations] for habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury).

3. The instant crime committed by the sentence was committed by using pipes and speaks, and the method was very dangerous, and the victim was in part of the head.

However, the degree of injury suffered by the victim does not seem to have been serious, and the defendant agreed with the victim immediately before the sentence was pronounced.

In addition, the defendant reflects the wrongness.

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