beta
(영문) 서울서부지방법원 2013.06.14 2012고단2299

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

1. Around 03:35 on June 15, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc. with deadly weapons, etc.), at the main point of “D” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, reported that the Defendant was under the influence of alcohol and frighted to his/her employees, and that the victim E (e.g., age 38) was under the influence of alcohol, and led the victim to a shoulderer who is a dangerous object, one time to have a knife and a knife, requiring approximately four weeks of treatment to the victim.

2. The Defendant assaulted the victim F (the 43-year-old)’s buck with her hand alone, who is an employee of the above main point that prevents the Defendant from scambling at the time and place specified in paragraph 1.

3. The Defendant causing property damage: (a) caused damage to KRW 30,000,00 of the incidental repair cost by writing a scacker, which is the part of the victim G located within the above main point, during the time and place described in paragraph (1) and destroying the air conditioners and glass owned by the said victim; and (b) destroyed the incidental repair cost to KRW 330,000,000,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, and H;

1. The police statement to I and J;

1. An investigation report (related to a written estimate attached), a criminal investigation report (related to attachment of a written diagnosis of injury), and a criminal investigation report (related to attachment of photographs on the upper part of the suspect);

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Articles 257 (1), 260 (1), and 366 of the Criminal Act;

1. Selection of imprisonment with prison labor for the crime of elective assault and damage to property;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

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

1. Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim E);

1. Social service order under Article 62-2 of the Criminal Act;