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(영문) 수원지방법원 평택지원 2015.10.02 2012고단1363

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of 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

At around 16:30 on November 17, 2012, the Defendant argued with the victim C(27 years of age) that the victim C(27 years of age) did not work in the workplace. On November 17, 2012, the Defendant saw the victim's click with the victim's hand floor at one time, and put the victim's head back part at one time, one back part, and one other.

The Defendant, who fightd with fighting, laid the head of the said victim with his hand and caused the said victim to be faced with the said glass, and continued to put the fighting in the said fighting room and threatened the victim with the voice of “I wish to be killed” by putting the fighting in the said fighting room.

Accordingly, the defendant inflicted an injury upon the victim who could not know the number of days of treatment.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes, such as photographs of damaged parts;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Application (Scope of Recommendation) of the sentencing criteria: Type 1 (General Bodily Injury) and basic area (4 to one year and six months) (Special Mitigation) (including serious efforts to recover damage) of the basic area of punishment;

2. Although the method of determining a sentence is dangerous and the injury suffered by the victim is not easy, the execution of imprisonment with prison labor shall be suspended at once, taking into account the following circumstances: (a) the defendant appears to reflect his/her mistake in an investigative agency; (b) some of the circumstances in this case may be taken into account; (c) the defendant committed an accident by drunkly; (d) the fact that the victim had agreed smoothly with the victim; and (e) the defendant’s age, character and conduct, family environment, etc.