beta
(영문) 수원지방법원 평택지원 2015.10.16 2015고단1368

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 9, 2015, the injured Defendant assaulted the victim’s face by drinking to the victim who was in a smoke-related relationship before his/her residence of Pyeongtaek-si apartment 404 Dong 302 and 53 years of age, on the ground that the victim was in a family-house relationship before his/her residence of the victim D (the victim was in a family-house).

As a result, the defendant got a face-to-face in need of treatment for about two weeks.

2. At around 22:50 on the same day, the Defendant reported the victim to the police that he was assaulted by the Defendant, as described in paragraph (1), in front of Pyeongtaek-si apartment 404, on the ground that he reported the victim to the police, as described in paragraph (1), he carried the part of his knife knife (13 cm in total length, 7 cm in length in knife) with his hand, and put the knife (13 cm in total length, 13 cm in knife in knife and knife) with the knife, which is a dangerous object in his possession, carried the victim’s left arms

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Investigation record of seizure by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the victim's assault photographs, and the knive-kacker photographs used by the victim;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Crimes No. 1 applicable to the sentencing guidelines for the reasons for sentencing under Article 48(1)1 of the Criminal Act of confiscation [the scope of recommendations] under Article 48(1)1 of the Criminal Act: Damage resulting from the failure to punish the mitigated area (one year to two months) (one year and two months from June to June) (a special mitigation).