beta
(영문) 수원지방법원 안산지원 2015.04.01 2014고단2836

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 16, 2014, around 03:51, the Defendant got an assault from the victim D on the roads located in Ansan-si, Sinsan-si, a member C, and sent the victim's face to the victim's own shot, which is a dangerous object that was in the vicinity to the "Esing" in the underground of the building near the above place, and the victim shot back the victim's face at the convenience store in the near place, and the escape took two times after the victim followed the victim.

As a result, the Defendant carried dangerous objects and inflicted bodily injury on the victim for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. Application of a copy of a certificate of injury diagnosis and facsimile receipt (D) and a copy of a medical examination and treatment record (D);

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 (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: An agreement with the victim: A criminal record exists; a criminal record is bad; the defendant's age, character and conduct, occupation, details leading to the instant crime; circumstances leading to the instant crime; etc.; the summary of the facts charged in the instant case’s dismissal of prosecution in consideration of the circumstances after the crime, among the facts charged, of the crime, of the crime in question, was assaulted at one time by the victim F, who saw it together with D, on August 16, 2014, at the road located in Ansan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, on May 16, 2014.

However, this case is a crime falling under Article 260 (1) of the Criminal Code and cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Code. The victim is prosecuted of this case.