beta
(영문) 춘천지방법원 강릉지원 2015.09.02 2015고단456

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

Reasons

Punishment of the crime

The defendant is in charge of the president of the C Association and the president of the D Association, and the victim E (the age of 40) was in charge of the managing director of the D Association.

At around 18:00 on January 11, 2015, the Defendant collected a knife ( approximately 27 cm in length, approximately 14 cm in daily length, approximately 14 mm in daily length) used when the Defendant, on the ground that the Defendant stated that the Defendant was in the “G” restaurant operated by the Defendant, and that he was in the position of the managing director of the said Association without receiving the victim’s dry phone, and that he was in possession of a knife at hand, and that he was removed from the knife, a dangerous object on the knife of the said knife at hand, which is a dangerous object on the knife of the said knife, the Defendant inflicted an injury on the victim, who followed the Defendant’s head, etc., for about two weeks of medical treatment, and the two knife and the two knife.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of 2 copies of a medical certificate, 11 copy of a CCTV in the site of the case, 6 copies of a site photograph, and 5 copies of a victim’s photo;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da11448, Apr. 2, 201)

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

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;