(영문) 대구지방법원 포항지원 2016.04.21 2015고단1269

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Reasons

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줄 간격

자간(%)

(영문) 대구지방법원 포항지원 2016.04.21 2015고단1269

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 24, 2015, the Defendant, while carrying out 301 E, victim F (27 tax) and alcohol in South-gu, Nam-gu C at around 06:10 on June 24, 2015, found the victim’s continuous selling and selling it to E.

In the course of drinking, the victim's house was called the victim's house, but when the victim's bath was heard from the victim, the victim's face was taken over twice by drinking, and the victim's head was taken one time by taking the victim's head into account the victim's disease, which is a dangerous object in the place, and the victim's head was flicked two times by drinking, and the victim entered a part of the victim's body for about four weeks, which requires approximately four weeks of treatment.

Accordingly, the Defendant sustained an injury to the victim by carrying dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with respect to F;

1. Statement of opinion;

1. Application of the Acts and subordinate statutes to a report on investigation (Attachment to CCTV screen).

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order and Article 62-2 of the Social Service Order Act: In addition to each of the above circumstances, various sentencing factors indicated in the records, such as Defendant’s age, sexual behavior, environment, and conditions before and after the crime, are considered in consideration of the following factors: (a) the details and methods of the crime, the appearance of the victim, the significant consequences of the crime, the agreement with the victim, or the victim’s failure to repay the damage; (b) the Defendant was aware of all the crimes; (c) the victim was immediately reported to the victim 119; and (d) the victim was making efforts to rescue the victim by making a report to the victim 119; and (e) there was no history of punishment exceeding the punishment or punishment exceeding the fine.

참조조문

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