beta
(영문) 서울서부지방법원 2013.06.20 2013고단1209

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

On September 23, 2003, the defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (in the night group, deadly weapons, etc.), and one year and six months.

At around 20:00 on January 3, 2012, the Defendant: (a) 3, including the victim E (the age of 43) who went away from the above D and entered the Republic of Korea with the Dapo-si C Apartment 1407, 1502, and 1502; (b) was frighted to the victim on the ground that the victim and the victim were her family at the time of the escape of the victim, and was her bath to the above D, the victim and the victim were her time to her family at the time of the escape of the victim; and (c) the victim and the victim took care of the victim and her family at the time of the escape of the victim; (d) the victim were her mutual buck buck and her body fighted with the victim, which is a deadly weapon that was put on a deposit with the victim, and caused damage to the victim’s left side by drinking her face at one time, three times the victim’s face and the left side of the body.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of D police statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on seizure records;

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. Discretionary mitigation (the following grounds for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (the grounds for sentencing as follows)

1. The reason for sentencing under Article 48(1)1 of the Criminal Act of confiscation [the decision of types] violence (the scope of recommending punishment] [the basic area] from two to four years (the decision of sentencing], and the defendant inflicted an injury on the victim using a deadly weapon, is a serious crime.

However, the defendant is divided, and the defendant has been involved in the process of dispute with the victim, and 2.5 million won is deposited by designating the victim as the person who has been deposited.