(영문) 대구지방법원 의성지원 2016.02.18 2015고단215

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(영문) 대구지방법원 의성지원 2016.02.18 2015고단215

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 02:00 on August 6, 2015, 2015, got off a iron stick (2 cm in diameter, 85 cm in length) that is a dangerous object on the part of the victim under influence of alcohol, on the ground that the victim D (93 cm) was late due to late time for the Defendant’s dwelling in Seongbuk-gun, Sung-gun, Gyeong-gun, Gyeong-gun, the Defendant was under influence of alcohol, and that the victim D (93 cm in length) was under suspicion of the victim.

In so doing, the part of the victim's head and the part of the left part of the part of the victim's head and the part of the part of the left part were 4 times, and the victim suffered injury, such as the closure of the part under the left part requiring about 8 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs of criminal tools;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence is not a good crime since the defendant, without any particular reason, has inflicted an injury on the victim who is an old disabled person who is over 90 years old without a particular reason, such as leaving a stick.

However, the punishment as ordered shall be determined by comprehensively taking into account all the conditions for sentencing, such as the defendant's confession and mistake, the fact that the defendant is suffering from serious alcohol, the fact that he/she seems to have been suffering from suffering from mental and physical weakness, the fact that the victim agreed smoothly with the victim, the defendant's age, sexual behavior, environment, circumstances after the crime, and the circumstances after the crime.

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