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(영문) 대구지방법원 2014.10.30 2014고단3257
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant was at the construction site of the apartment complex located in Gyeongsan-si and was located in the same room as the victim C(52 years old) in the trade studio located in Gyeongsan-si, which was provided as a lodging room for trees at the above construction site.

At around 23:00 on March 27, 2014, the defendant found that the body of the person residing in other rooms was defective in the room of the defendant in the 2nd floor above the 2nd floor, but after that, the defendant tried to find the relevant body of the person in question by the victim. However, even though the defendant was able to find the body of the person in question, the victim's face was humbbbbbling, which is a dangerous object that the victim did not refuse to do so, and the victim's humbbbuck and sum was damaged by the fumbbuck and the body of the fumbbbbbs in the right side that require about five weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of a medical 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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] There is no person who has the basic area (2-4 years or more) of Type 1 (2-4) (the decision of sentence] of habitual injury, repeated injury, and special injury [the scope of recommendation] [the decision of sentence] [the defendant has been placed in excess of the victim's buckbucks and sucks, which are dangerous things, and the victim suffers heavy injury in need of approximately five weeks of treatment. As such, it is inevitable to punish the victim as well as the nature of the crime is not good and there is a very high risk corresponding thereto.

The main circumstances, such as the fact that the victim has not been agreed with (700,000 won for medical treatment) and the fact that the defendant repented and reflected the mistake, and the motive, background, means and methods of the crime of this case, circumstances before and after the crime of this case, and other cases.

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