beta
(영문) 수원지방법원 평택지원 2015.09.03 2015고단952

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

At around 22:20 on June 19, 2015, on the ground that the victim E (year 41) took a bath at the Dju store located in Pyeongtaek-si C, the Defendant laid off the victim's right horse one time to the right of the victim by a small-scale illness, which is a dangerous object in the tables and was located in the table one time, and caused the victim's abundance.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on photographs of damage of E;

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. Determination on the application of sentencing guidelines for sentencing under Article 62 (1) of the Criminal Act: The scope of recommending sentencing guidelines for the reasons of sentencing under Article 62 (1) of the Suspension of Execution: consideration of all circumstances, including the fact that the person does not want the punishment of a defendant, has no record of crime in the mitigation area (one year and six months to six months), and the victim does not want to do so;