beta
(영문) 대구지방법원 김천지원 2014.04.02 2013고단1808

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 21:00 on December 31, 2008, the Defendant: (a) while drunkd with the victim E (year 36) in a “D” restaurant located in the Gumi-si, Gumi-si; (b) on the ground that the victim under the influence of alcohol gave a warning that he/she would not take a bath to himself/herself; (c) laid the chairer, which was a dangerous object at the bar; and (d) caused the victim to go together with his/her head for about two weeks, and (e) caused the cerebral sins and dus, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to each injury diagnosis certificate and 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. Reasons for the sentencing of Article 62 (1) of the Criminal Act (the decision of a suspended sentence) (the period of punishment) of the Act on the Suspension of Execution is a habitual injury, repeated injury, special injury (the scope of the decision of the recommended area and the recommendation), habitual injury, repeated injury, special injury [the scope of the punishment of the recommendation area] basic area, two to four years [the main illegal cause] - Where the defendant committed a crime by carrying a deadly weapon or other dangerous articles: there is no criminal conviction or more than a suspended sentence; one year and six months of imprisonment with prison labor; the detention of the defendant is accompanied by excessive difficulty for his family members [the decision of a suspended sentence]; the case is one year and six months of a suspended sentence; the case is one year and six months; the extent of damage; the defendant made an oral agreement with the victim; the victim does not appear to have any evidence of the agreement with the victim, such as an agreement, and the victim stated that he wishes to punish the defendant at the police station; the sentencing guidelines does not include any contingent crime, any criminal records exceeding the same kind or fine; and any dependent;