beta
(영문) 서울중앙지방법원 2013.11.22 2013고단5963

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than 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

On June 29, 2013, at the front of Gangnam-gu Seoul Metropolitan Government, the Defendant: (a) 1:00 on June 29, 2013, in the front of the victim D (the age of 26) who was flicked with the victim D (the age of 26) who was flicked with each other; and (b) flicked with his body, and went beyond the body fighting, the Defendant collected the flick, which is a dangerous object in the face of the victim, and flicked the victim’s face to the victim’s face, and

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused and D;

1. Each statement of the defendant and D;

1. Report on internal investigation by the police (person under suspicion 2) D and telephone communications;

1. Application of statutes on site photographs;

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. 집행유예 형법 제62조 제1항(초범, 원만한 합의, 반성 등 참작) 양형의 이유 [유형의 결정] 폭력범죄, 상습상해ㆍ누범상해ㆍ특수상해, 제1유형(상습상해ㆍ누범상해ㆍ특수상해) [특별양형인자] - 감경요소: 처벌불원 [권고형의 범위] 징역 1년 6월∽ 징역 2년 6월(기본영역)