beta
(영문) 서울중앙지방법원 2015.08.20 2015고단2507

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

At around 02:30 on April 19, 2015, the Defendant, on the ground that the victim D (years 58) operated in Gwanak-gu Seoul Special Metropolitan City, said that the victim said the victim’s drinking to his house by drinking and drinking alcohol, was cut off and cut off, saying, “I will do so, and I will not do so? I will do so? I do not do so? I do it? I do not do so? I do it? I am back to a restaurant, which was next, by hand. I am off the restaurant, and am off with the victim’s head. I am the victim’s head.

The Defendant, while avoiding the scene, avoided the victim's escape, frightened the victim's head and face, took the victim's head and face several times, and continued the escape, frighting the victim to the victim, and fright the victim's chests over the floor, and followed the victim's chest and arms on several occasions.

As a result, the defendant carried a shouldered World Cup, which is a dangerous thing, brought about approximately 14 days old to the left-hand side in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Two copies of a medical certificate for injury (insane and scarcity), and a medical certificate for injury issued by Bolara Hospital;

1. Application of the Acts and subordinate statutes to photographs of victims on the spot and suspect, and on the earth;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the accused has been punished for the same kind of violent crime in the past, in light of the fact that he/she has suffered bodily injury by committing violence using the clock World Cup, which is a dangerous article to the victim who gets home because of the business hours of the accused, and that the accused has the criminal history.