beta
(영문) 의정부지방법원 2014.09.19 2014고단1678

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

At around 21:20 on March 13, 2014, the Defendant: (a) cafeteriaed “D” in the name of “D” in Scheon-si C; (b) the victim E (Nam, 51 years of age) and the usual appraisal problem; and (c) the victim’s breath, left hand, led the victim to a store adjacent to the above restaurant, led the victim’s growth to the store adjacent to the above restaurant; and (d) turned out the victim’s growth; and (e) lided by a steel system with approximately KRW 30cm in diameter, which is a dangerous object going on the body of the body, lided by a steel system with approximately 30cm in diameter; and (e) caused the victim’s injury, such as the effine in need of two weeks’ treatment.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including a substitute part with E);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs (dive implements and damaged parts);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] There is no basic area (two to four years) (two or more years) of the type (two or more years of habitual injury, repeated injury, and special injury) of the category (two or more years of habitual injury, repeated crime injury and special injury) (decision of sentence] (decision of sentence] one year and six months of imprisonment, and two years of suspended execution (the fact that there is no criminal power of the same kind and no record of being sentenced to suspension of qualifications or more, there is no record of being sentenced to the suspension of qualifications or more, the degree of the injury suffered by the victim is not clear,