폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Defendant shall be punished by imprisonment for a term of 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.
Criminal facts
피고인은 2014. 8. 28. 21:00경 고양시 일산동구 D에 있는, 피해자 E이 운영하는 ‘F’ 음식점 2층 36호실에서, 전에 사귀었던 피해자 G(여, 55세)과 식사하던 중 그녀에게 다시 사귈 것을 요구하다가 화가 나, 그 곳 식탁 위에 있던 사기 그릇을 그녀의 얼굴을 향해 집어 던지고, 피고인의 허리춤을 붙잡고 있던 그녀를 바닥으로 밀쳐 넘어뜨린 후 주먹으로 그녀의 얼굴 부위 등을 수회 때렸다.
As a result, the Defendant carried dangerous objects and inflicted injury on the victim G by “ducopic, face blood panscopic, etc.” which requires approximately three weeks of medical treatment, and damaged the victim E-owned fraud, etc. (the market price).
Summary of Evidence
1. Statement by the defendant in court;
2. The police statement of G and H;
3. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant Article 3 (1) or 2 (1) 3 of the Punishment of Violences, etc. Act concerning criminal facts, Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning Article 256 of the Criminal Act;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
4. The grounds for the suspended sentence under Article 62(1) of the Criminal Act include the method and content of each of the instant crimes, the degree of damage inflicted upon the victim G, etc., which are disadvantageous to the Defendant.
On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant is both aware of the facts charged in this case, there are parts to be considered in the motive and background of the crime in this case, the fact that the victim G deposited KRW 10 million with the victim G in order to recover damage, and that there is no record of the crime that can be noted.
Furthermore, the sentencing guidelines as shown in the arguments, such as the Defendant’s age, character and conduct, and environment, were taken into consideration, and the sentencing guidelines formulated by the Sentencing Commission also refer to “colind