beta
(영문) 춘천지방법원 2014.03.27 2014고단58

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 3 years from the date of the conclusion of the judgment.

(e).

Reasons

Punishment of the crime

On January 15, 2014, at around 18:47, the Defendant made a talk with the victim C (68 years of age) who had drinking together at the E-cafeteria located in Chuncheon City D, and followed the Vietnam War, and the Defendant called “I would have died of our style, but we would not have died of it?” The Defendant put the victim’s left eye of the victim’s flick, so that the deed fish, which is a dangerous object on the her table, has a flick, so that the victim may have approximately 21 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of the existing Acts and subordinate statutes of one (No. 1) to the seized salted fish;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Determination of sentencing of Article 32(1)3, Article 25(3)3, and Article 25(3)4 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of the Application for Compensation Order (the amount of damage claimed by the victim is KRW 2,667,541, or the aggregate of the receipts for treatment expenses submitted by the victim is KRW 1,522,890, and the victim's compensation order is not appropriate in criminal proceedings due to such reasons as the defendant may agree with respect to criminal liability) [Determination of types] for habitual injury, repeated injury, special injury, repeated injury, special injury (special person in special form] Reduction element of punishment: Reduction element of punishment [limited to the scope of recommendation] [Article 32(1)3, and Article 25(3)3 and 4 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings]