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(영문) 대구지방법원 2014.12.30 2014고단5847
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

Since about 10 years ago, the Defendant was receiving treatment due to Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Maldong Ma, but he was able to look at the above F office.

In addition, as a result of the fact that the space is not unbured even after the house, the part of the head of the victim G (Seoul and 66 years old) who is an employee of the said bus company was in danger of finding again in the above F office at around 21:40 on the same day, and the part of the head of the victim G (ma, South and 6 years old) who is an employee of the said bus company at one time was in danger of being injured by the two strings that require three weeks of treatment, and the victim tried to use each item (a length 100cm) that is adjacent to the victim's daily behavior, again.

As a result, the defendant injured the victim by dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Records of seizure and the list of seizure;

1. Photographs;

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

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. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act of confiscation [the scope of recommendation] There is no basic area (two to four years) of types 1 (two-four years) (two-four years) of habitual injury, repeated injury, and special injury [the decision of sentence] [the fact that the defendant's head is highly dangerous when he/she is faced with a dangerous object], the fact that it is not agreed with or does not change from the victim, the fact that the defendant is aware of his/her mistake and is divided, and that the defendant suffers from liver disease.

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