beta
(영문) 청주지방법원 제천지원 2015.11.26 2015고단483

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

At around 17:20 on September 29, 2015, the Defendant, at the office of the Chungcheongnamyang-gun C and the second floor D Association, inflicted an injury on the victim E (the age of 59) who was at the age of 17:20, on the ground that the victim E (the age of 59), who was in a name-free and Baduk, took a warning that he was “Ig, this she should do so”, and the Defendant saw the victim’s head by an empty small-scale disease, which is a dangerous object on the floor of the site, and caused the victim to suffer an injury, such as a duplic, which requires treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Answer;

1. Application of Acts and subordinate statutes to report internal investigation;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of recommendations according to the sentencing guidelines: Reduction of the mitigated area (one to half years from June to June) of one year, two years and six months (the determination of a type): Reduction of the mitigated area (one to half years from June to six months) of habitual injury, repeated crime injury, special injury (Habitual injury, injury, special injury) (one to half years).

3. The sentence of sentence imposed on the defendant after the defendant gets the head of the victim's head due to the illness, and the risk of such an act is considerable to the defendant's disadvantage, and the defendant has agreed to do so only with the victim, the confession of the crime of this case and reflects it, and the fact that there is no criminal conviction or heavier than the suspended sentence is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.