beta
(영문) 대구지방법원 상주지원 2015.11.17 2015고단458

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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 17:40 on September 23, 2015, the Defendant: (a) brought the victim, etc. one time, etc., on a watch (35 cm in length) a dangerous object in a chemical dispute with the victim, on the ground that the victim D (n't, 27 years of age) has laid down garbage in the rear part of his room; and (b) brought the victim a vegetable post wall that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation under Article 62-2 of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The reason for sentencing under Article 48(1) of the Criminal Act of forfeiture [Scope of Recommendation] There is no basic area (2 to four years) of the first category (2 to four years) of habitual injury, repeated injury, and special injury (2 to a repeated injury), [2-4 years] (decision of sentence] [3] The defendant has no record of criminal punishment for the last ten years, and the defendant has no record of criminal punishment for the last ten years, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, circumstances after the crime, etc., are considered.