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(영문) 대전지방법원 2015.08.19 2015고단2265
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 May 2, 2015, the Defendant, at around 11:00 on May 2, 2015, sent the victim D (manam, 67 years of age) with the victim and the members of the church who are the victim rather than the defendant, she saw the victim to be more important and more of the members of the church who are the victim. The Defendant saw the victim's clothes into the part of the victim's clothes in his/her hand and brought the knife (the knife of 30cm in length in the knife, the knife, the knife, the knife, and the knife the part of the victim's left arms in the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Investigation report (verification of telephone conversations of a victim);

1. Application of Acts and subordinate statutes to damaged photographs, or clothes clothes and photographs of E at the time of injury;

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 (see, e.g., factors favorable to the following reasons for sentencing)

1. Application of the sentencing guidelines [Determination of types] Crimes of violence, habitual injury, repeated injury, special injury, and Type 1 (Habitual Injury, Bodily Injury and Special Injury): Reduction factors: Victims who are vulnerable to crimes (the area of recommendation and the scope of recommendation), the basic area of punishment, two years to four years; and

2. In light of the unfavorable circumstances such as the fact that the sentence of this case is not good for the crime of this case and the risk of committing the crime is considerably high, the defendant has been punished about 15 times for the same type of crime, the defendant committed the crime of this case again since he was under the leave of suspended execution for the same kind of crime as the victim E, and the victim is a disabled person who is vulnerable to the crime, the defendant must not repeat the crime against the crime and not repeat the crime, and the victim is not obliged to punish the defendant.

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