beta
(영문) 서울남부지방법원 2014.10.31 2014고단3383

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 19, 2014, at around 20:55, the Defendant d'D' restaurant in Yeongdeungpo-gu Seoul Metropolitan Government, with the victim E (53 years of age) while drinking alcohol together with the victim E, and the Defendant d'D had the desire to have the victim d's head d', which was a dangerous object on the table table, and had the victim's head d'd head d', and had the victim's head d'd part on the left side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs and shoulder photographs;

1. Application of the Acts and subordinate statutes to investigation reports (victim E phone statement hearing reports);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. A person who is not subject to special mitigation (one year and six months to two months) in the mitigated area (one year and six months) of subparagraph 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Injury) within the scope of the recommended sentencing guidelines, repeated injury, and special injury according to the recommended sentencing guidelines;

2. In full view of the following factors: (a) the Defendant’s decision on the sentence was committed when committing a crime; (b) the Defendant has no criminal record more than the suspended sentence; (c) the victim does not want the punishment; and (d) the relationship between the Defendant and the victim; (b) the background leading to the injury of the instant case; (c) the Defendant’s age, character and conduct; and (d) the circumstances after the commission of the crime, etc., the suspended sentence of imprisonment as ordered