beta
(영문) 전주지방법원 정읍지원 2014.01.21 2013고단595

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a suspended sentence of six months of imprisonment for an injury in the Jeonju District Court's Support on June 12, 2007, and the previous and fifteen times of imprisonment with prison labor.

【Criminal Facts】

Around 02:00 on July 18, 2013, the Defendant, at the main point of the “D” located in Jeong-Eup, Si, Jung-do, on the ground that the victim was able to drink together with the victim E (the age of 48) and was able to prevent the horses, and caused the victim’s hair by taking the beer disease, which is a dangerous thing at the same time, and thereby, caused the victim to suffer injury, such as throst, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each report on investigation;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (report attached to a suspect's judgment, etc.);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that a person commits a crime and misleads the person in question, and the fact that he/she has agreed with

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Probation and community service order under Article 62-2 of the Criminal Act;