beta
(영문) 서울북부지방법원 2013.10.17 2013고단1780

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not more than ten 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 June 8, 2013, the Defendant: (a) under the influence of alcohol, had weak ability to distinguish things or make decisions; and (b) around 18:30 on June 18, 2013, around the restaurant of “C” in the middle-gu Seoul Jung-gu, Seoul, caused the injury to the victim, such as an open body, which requires two weeks of treatment by considering the victim’s left head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Determination of the sentence like the Disposition shall be made by taking into account the following: (a) agreement with the victim on the reason of sentencing under Article 62(1) of the Criminal Act; (b) Defendant, while under the influence of alcohol, demanded the victim to receive money; (c) Defendant committed the instant crime by contingency; (d) the degree of injury is minor; and (e)