beta
(영문) 전주지방법원 정읍지원 2013.04.18 2013고단46

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in labor, the victim C (36 years of age) and the construction site, and is known to him.

At around 20:00 on January 18, 2013, the Defendant collected 30 centimeters from the victim's head, and inflicted injury on the victim, such as throde in the number of days of treatment, on the ground that the victim, who was under conversation with the victim while drinking alcohol together with the victim, said that the victim was "Chewing sprinking", was the dangerous object that the victim was on the face of the victim's head.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Jan. 1, 201; Decision 201Da1148, Feb.

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);