beta
(영문) 서울서부지방법원 2013.08.28 2013고단1681

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 21, 2013, around 03:10 on April 21, 2013, the Defendant: (a) committed a misunderstanding that the behaviors of the Victim E (22 years of age) were committed by misunderstanding that they were committed by themselves; and (b) followed it; (c) took a dispute with the behaviors of the victim; (d) left the bottle, which is a dangerous object on the tables, into the part of the victim’s head; and (e) took the back part of the victim’s head at one time, and (e) took up two parts of the unit, which require approximately 14 days for medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of E and F;

1. Application of the Acts and subordinate statutes of G and H’s written statement and written injury diagnosis;

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 (the point of inflicting an injury on a dangerous object);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders ( considered that the defendant has caused the instant crime in a state of mental retardation under the influence of alcohol);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into account the fact that the criminal defendant repents his fault in depth, the fact that the criminal defendant agreed smoothly with the victim, the fact that the criminal defendant has no particular criminal record);

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the Suspension of Sentence (Article 59 (1) of the Criminal Act shall be suspended in a case where, considering the same circumstances as the above, the sentence shall be suspended, since the period of