beta
(영문) 대구지방법원 김천지원 2015.02.05 2014고단1413

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

On October 11, 2014, at around 19:0, the Defendant 19, Kimcheon-si C Apartment 1, 108 Dong 2502, and 2502, drinking alcohol in the Defendant’s house, caused the victim D (the age of 46) who is the Defendant’s wife to have a dispute with each other in pursuing the external problem of the victim. The victim was seriously fluorcing on the ground that the victim avoided his answer, and suffered injury to the victim, such as an open top room of other head parts that require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the victim;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the victim’s discretionary mitigation (Article 55(1) has no separate criminal record, the victim does not want the punishment of the defendant, the confession of the crime and his mistake are divided, and the characteristics of the military register having the motive for the crime of the defendant and the fact

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