beta
(영문) 서울남부지방법원 2014.08.21 2014고단901

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 of the final judgment.

Reasons

Punishment of the crime

On January 19, 2014, at the main point of Guro-gu Seoul Metropolitan Government, the second floor C around 23:33, on the ground that the defendant considered the victim D (the age of 48) and E (the age of 53) who is a side booming customer, and the defendant argued that the defendant was a trial expense and the defendant took the part of the head of the above D, with an empty booming disease, which is a dangerous object at the entrance of the above main point, and the above small booming the victim D's fingers to the victims again by a shouldering softened main disease.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of photographing the suspect and the victim's wife;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] Where the mitigated area (1 year and six months to six months), the mitigated area (1 year and six months to six months), the penal penalty (including advanced efforts to recover damage), or considerable damage has been recovered (20 hours (1 year and six months to be sentenced], the period of suspension of execution, the period of suspension of execution two years, the period of community service order 120 hours (120 hours to be sentenced to suspended sentence only once taking into account the following: (a) imprisonment with prison labor and six months; (b) imprisonment with prison labor and six months; (c) the period of suspension of execution; (d) the victim D is very dangerous; (d) the victim D does not want to be punished by the defendant; (d) the victim was also injured by D; and (e) the victim did not have any