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(영문) 대구지방법원 포항지원 2015.12.03 2015고단311
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

[2015Kadan311] On March 5, 2015, the Defendant collected an empty baby, which is a dangerous object from the victim’s parents on the ground that the victim would have expressed an desire to return to the Defendant, while drinking alcohol at the Defendant’s house located in North Korea-gu, North Korea-si, North Korea-si, with the victim D(55 years of age) on the ground that he/she would take a bath to the Defendant’s parents. The Defendant her two heats, where the victim could not know the period of treatment, she sawd the part of the victim’s quota.

[2] At around 13:40 on August 2, 2015, the Defendant, at the entrance sperm of the “F” golf practice range located in Changwon-si E, Changwon-si, Masan-si (F), performed alcohol together with the victim G (the age of 57). On the ground that the victim had been suffering from her face-to-face stay before her face-to-face stay, she dumped the part of the head of the victim, and she dumped the victim for approximately two weeks to undergo approximately two-time treatment.

Summary of Evidence

[2015 Height311]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (on-site photographs);

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each investigation report (as to attachment of evidentiary pictures; as to response to an appraisal commission and commission, the application of laws and regulations;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes provided for in the Act on the Punishment of Violences, etc. against Victims G with heavy penalty);

1. Reasons for sentencing [the range of recommending punishment] under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 21, 201) of the Act on Discretionary Mitigation and Mitigation and Punishment (see, e.g., Supreme Court Decision 201Da1548, Apr. 21, 201).

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