beta
(영문) 수원지방법원 성남지원 2015.01.30 2014고단2679

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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 21, 2014, around 21:50 on October 21, 2014, the Defendant saw the victim E and performed drinking at D main points located in Seongbuk-gu, Seongbuk-si, Sungnam-si, and caused disputes between the victim and E, and the victim was spawn away from the Defendant’s face to the Defendant’s face, and got an empty spawn away from the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against E and the accused;

1. A written statement;

1. Application of Acts and subordinate statutes to field photographs, such as photographs of damage, deadly weapons, etc.;

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. Article 62 (1) of the Criminal Act;

1. Although the nature of the crime of this case, which inflicted an injury on the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Act, is not somewhat weak, considering the fact that the defendant was committed at the time of committing the crime, the defendant was divided, and the victim did not want the punishment of the defendant, and the defendant did not have any criminal records for the same kind of crime, the punishment shall be determined as ordered