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(영문) 대구지방법원 2015.12.04 2015고단4941
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 4, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny in the Daegu District Court Kimcheon Branch on May 4, 201, and completed the execution of the said punishment on December 3, 2011.

On June 22, 2014, around 21:50 on the part of the victim Q Q (the age of 18) around the 1st floor emergency stairs of the Gu-U.S. 76 in the Gu-U.S. city city, the Defendant taken the victim's face, bridge, arms, etc. several times, and continued to put the victim's bucks with pumbbbbbs, 120cm in length) which are dangerous objects in the location, around three times, on the ground that the victim Q (the age of 18) does not turn back the wall of R., the her living together, the birth of the defendant, and put about about about about 28 days on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police of Q Q in Q;

1. Description of the written diagnosis of injury;

1. On-site photographs and images of damaged photographs;

1. Previous records: Investigation report (verification of the status of repeated crimes and confinement), judgment, current status of confinement of individuals, and application of criminal records-related Acts and subordinate statutes;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing [the scope of applicable sentences under law] for the reasons under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of applicable sentences under law] from one year and six months to twenty-five years of imprisonment [the determination of applicable sentences] for violence, habitual injury, repeated injury, special injury, [the scope of recommended sphere] ] 2 to four years [the scope of recommended sphere] / 2 years / 4 years [the range of general person] / the basic area [the range of recommended sentences] / the basic area (a general person who is either a repeated crime, the same sentence (a period less than 10 years after the execution of sentence was completed] / The defendant made use of substitute trees when the victim was injured. As a result, the victim does not have any disadvantages.

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