beta
(영문) 수원지방법원 2014.07.16 2013고단7345 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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 of the final judgment.

Reasons

Punishment of the crime

1. On November 23, 2013, at around 13:40 on November 23, 2013, the Defendant and C have a dispute over business issues while drinking alcohol in the “F” restaurant operated by the Victim E-C.

In the process, the victim's market value of 420,000 won was enclosed by each other, and the victim's property was damaged by collecting 4,20,00 won, 3, 5, etc.

Accordingly, the defendant jointly damaged the victim's property in conjunction with C.

2. At the time and place mentioned in paragraph 1, the Defendant assaulted the victim on the face of the victim C(34 years of age) and parts of his arms, taking advantage of the victim, who is a dangerous object, and 2-3 times away from the victim’s face and part of his body.

As a result, the defendant carried with the suspect who is a dangerous object, and carried with him the days of treatment in an unexploited part of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the defendant or C;

1. Statement of the police statement of E;

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

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning the crime;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that some of the money is deposited for a victim of injury and that an agreement has been reached with the victim of damage);

1. Article 62 (1) of the Criminal Act;