beta
(영문) 수원지방법원 안양지원 2015.03.27 2015고단23

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

1. Around 22:00 on December 8, 2014, the Defendant committed the crime against the victim C, on the ground that the victim C (year 49) who was drinking alcohol in the front table lab while drinking alcohol at the “E” lab, had neglected the Defendant’s speech that he would not smoke, and caused the Defendant’s labing of the lab, and caused the injury to the victim, such as the labing of the victim’s head lab by carrying with the victim the lab, which is a thing dangerous for the victim, when the victim’s head laba laba laba laba laba laba laba laba laba laba, etc.

2. The Defendant committed the crime against the Victim F with assaulting C as described in paragraph (1) and 30 years old from the Victim F (the 30-year old age), was the beer disease, which is a dangerous object cited by the Defendant, and carried the beer branch and the spoke spoke spoke spoke spoke spoke spoke spoke spoke spoke spoke spoke spoke spoke spoke spoke spoke spoke spoke spoke spoke spoke spokes

Summary of Evidence

1. C’s legal statement;

1. Police suspect interrogation protocol regarding F;

1. A written statement prepared in C;

1. A written diagnosis of injury (C, F);

1. Application of the Acts and subordinate statutes of a photographs of damaged parts;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 62 (1) of the Criminal Act (in addition to the punishment of a fine on one occasion in 1977, consideration of circumstances, such as the fact that he/she lives faithfully without criminal power);

1. The scope of sentence of final recommendations due to the aggravation of multiple crimes in the mitigated area among special injury for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act shall be between one year and six months, between three years and nine months, the victims and the victims shall be sentenced to a fine on one occasion in 1977.