beta
(영문) 서울동부지방법원 2015.01.13 2014고단3279

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

On August 20, 2014, at the front point of “E” operated by the victim D (Woo, 50 years of age) in Gwangjin-gu and 2 Seoul Special Metropolitan City on August 22:25, 2014, the Defendant mispercing the victim F (48 years of age) to have taken the Defendant by Handphones from the above E windows to take Handphones, the Defendant expressed the victim D who speaks that the victim would be " dead, dead, and so on". The Defendant expressed 500cc beer flicks and empty bottles in front of the above E, with the victim's face at the time of the victim's body, the victim's 30c beer flick, and the victim's face at the same time with the victim's body and 50c beer flicks, and the victim's 1 c beer flick and 2 c beer m in each of the above things.

As a result, the Defendant carried a shoulderer's disease, which is a dangerous thing, threatened the victim F and the victim H by carrying each item, which is a dangerous thing.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, D, and H;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation Criminal Act;