beta
(영문) 서울중앙지방법원 2012.09.13 2012고단3113

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 2, 2008, the Defendant was sentenced to four years of imprisonment for rape, injury, etc. at the Seoul Central District Court on May 2, 2008, and completed the enforcement of the sentence in a female prison on December 22, 2011.

At around 18:10 on April 8, 2012, the Defendant: (a) while drinking with the victim D (year 53) who was aware of in Seongbuk-gu Seoul Metropolitan City, and was under drinking alcohol; (b) while having weak the ability to discern drinking things or make decisions, the Defendant, while doing a dispute on the ground that the Defendant got off the victim’s rear water, was boomed, and suffered an injury on the number of days of treatment by gathering bed, which is a dangerous object on the table of the victim’s left face; and (c) by taking off the victim’s face by drinking, the Defendant sustained an injury on the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness D or E's partial statement in court;

1. Some statements concerning the suspect examination protocol of the defendant;

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

1. Statement of D police statement;

1. Photographs;

1. Criminal records;

1. Application of Acts and subordinate statutes on personal accommodation;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. In a case where it is recognized that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was to inflict an injury on a victim due to beer, which is a dangerous thing by the defendant, and that the defendant is punished as a crime of violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) as stated in its reasoning, a sentence of punishment is inevitable for the

The punishment was determined by taking into consideration the favorable circumstances, such as the risk of the instant crime, the fact that the instant crime was committed during the same repeated crime period, and the fact that the crime was committed contingently under the influence of alcohol, and the degree of injury of the victim was not serious.