beta
(영문) 수원지방법원 안산지원 2015.08.07 2015고단2088

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of 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

At around 02:30 on May 24, 2015, the Defendant drinking alcohol together with the Victim E (32 years of age) and the wife F, G, H, I, and J of the Victim E and the Victim’s wife.

During that period, the defendant thought that the wife of the victim was in harmony with the defendant and harming himself/herself, and the defendant is punished for a conflict with the victim who has been in harmony with the victim.

The knife knife knife knife knife 19cc. and knife knife knife knife knife knife s.

As a result, the defendant carried a knife, which is a deadly weapon, and carried a knife to the right part of the knife where the victim can not be identified.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on seizure records;

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. The reasons for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are based on the following circumstances, including the confession of the instant crime, the Defendant agreed with the victim prior to the instant indictment, the victim does not want to punish the Defendant (see, e.g., Article 97 of the Investigation Records), the Defendant’s wife is waiting for childbirth immediately, and the Defendant is the primary offender, and the sentence is determined as per Disposition within the scope of the following sentencing criteria.

[Standards for Sentencing] - In the area of mitigation (one year or six months to two years) (one year or six months from June to two years), the area of mitigation (including a serious effort to recover damage) of category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) or a case where considerable damage has been restored to the extent of recommendation punishment;