beta
(영문) 인천지방법원 2015.04.23 2015고단382

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On December 17, 2014, the Defendant: (a) around 22:20 on December 17, 2014, at the Yeonsu-gu Incheon Metropolitan City Ep; (b) on the ground that the victim F (the age of 45) read the victim’s friendly arrest to the president of the above drinking house for the Defendant’s friendly arrest and without permission, caused a beer disease, which is a dangerous object on the table of the table, to the head of the victim, and caused a cerebrum in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to field photographs and written diagnosis of injury;

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. Reasons for the sentencing of Article 62 (1) of the Criminal Act [Determination of a Penalty] for the suspension of execution under Article 62 (1) of the Criminal Act: Type 1 (Habitual Injury, Bodi Bodily Injury, Bodi Bodily Injury) (Special Bodily Injury): Reduction element: Minor injury, Non-Mitigation of Punishment [Determination of the area of recommendation] Special Mitigation (Determination of the area of recommendation] [Determination of the suspension of execution of imprisonment nine months to two years] - The main reasons for the suspension of execution: Insignificant injury, non-compliance with punishment [decision of the sentence of punishment] 1 year and six months, and two