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(영문) 대구지방법원 2016.02.05 2015고단5430
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

After the Defendant was married on December 9, 1996 with the victim D (V, 44 years old) and the marriage on December 26, 201, the Defendant got divorced on documents due to economic circumstances on November 26, 201, but was living together with his/her children in the same residential area and maintained the marital life.

On November 3, 2015, at around 22:50, the Defendant returned to the Defendant’s dwelling at Daegu-gu E, 306, Daegu-gu, and 306, on the ground that he returned to the Defendant’s wife D (n, 44 years of age) on the new wall preceding this day, taken once the head of the victim who was coming from the Defendant’s wife and was coming to the Defendant’s cell phone on the floor, taken the victim’s cell phone on the floor, and avoided the victim’s cell phone on the left hand, the Defendant sawed the victim’s neck with the left hand, and carried the victim’s back on a dangerous object (20 centimeters of the blade).

In this way, the defendant puts the victim into a heat above the back side of the treatment days ( approximately 5 cm in length, approximately 1 cm in depth).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement in each police statement made to D, F, and G;

1. A report on seizure and the list of seizure, a report on emergency measures, a statement of opinion in charge of an emergency room, a medical record, a copy of a medical record, and an investigative report (to hear statements made by victims D);

1. Application of each of the visual Acts and subordinate statutes to deadly weapons and body photographs, and tyrts and veterinary photographs taken in a trace of the victim's blood;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant committed the instant crime even though he/she was punished for several violent crimes, and the instant crime was committed in knife on the part of the victim, and in light of the method of the crime, it seems that the knife may have resulted in an unfrush consequence. In light of the Defendant’s history of the crime or the method of the instant crime, the Defendant is likely to repeat the crime.

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