beta
(영문) 전주지방법원 남원지원 2015.08.25 2015고단139

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:30 on May 16, 2015, the Defendant: (a) while drinking alcohol together with the victim E (33 years of age) at the D's point located in Namwon-si, the Defendant, following the victim, who went out of the D's house, unfolded the victim's face of the victim; (b) cut the victim's face and body part of the victim's body, which is a dangerous object that the victim was in possession, and 10 times, took the victim's face and body part of the victim's bridge two times, and (c) took two times in walking the sexual leg part of the victim's bridge part of the victim's body, and (d) took up two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (fields and photographs of victims);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences under law: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing guidelines [Determination of types] : Violence crimes, habitual injury, repeated injury, special injury, and Type 1 (Habitual Injury, Bodily Injury and Special Injury) (Special Bodily Injury): Reduction elements of punishment: In the area of reduction [the general person] of reduction factors of punishment: serious reflect [the recommended field and the recommended sentence], reduction area of punishment, one year and six months from June to June;

3. According to the sentence, the Defendant: (a) assaulted a victim, who is a dangerous thing, with an aluminium fluium, without any special reason; (b) thereby, sustained the victim’s injury; and (c) in light of this, the nature of the crime in this case is not good.

In addition, the Defendant had been punished several times of violence before committing the instant crime.