beta
(영문) 대구지방법원 2016.02.19 2015고단6263

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 5, 2015, at around 11:30, the Defendant, at around 11:30 on the Defendant’s house located in Sinsan City, inflicted injury on the victim D (the age of 59) who was aware of his reputation at the Defendant’s house located in Sinsan City, intending to go to his house, and was on the part of the victim’s head, who was in danger of plastic contact, and was in the part of the victim’s head.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made in the police statement protocol with D;

1. Application of Acts and subordinate statutes to descriptions in a medical certificate of injury, report on internal investigation (including attachment, etc. of photographs), investigation report (a photograph of the instrument of crime), or images;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., favorable sentencing conditions among the reasons for sentencing) is as follows: (a) Defendant was at plastic contact and was subject to several criminal punishments on several occasions; (b) the degree of injury inflicted on the victim appears not to be serious; and (c) the Defendant agreed with the victim and the victim expressed his intention not to punish the Defendant, taking into account all the sentencing conditions favorable to the Defendant, such as the Defendant’s age, sex behavior, conditions after the crime, relationship with the victim, etc., and determining the sentence as ordered.