beta
(영문) 광주지방법원 순천지원 2015.01.16 2014고단1835

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. On June 10, 2014, the injured Defendant inflicted injury on the victim D (at the age of 51) living together with him for about seven years prior to the front of the Defendant’s house located in C at the time of drinking water, on the ground that he drinks daily drinking, on the ground that the victim D (at the age of 51) drinking water would drink, the injured Defendant committed an injury, such as a fluencing flady transfusion, which had no open address for about twenty nine (29) days, on the part of the victim’s left head, on one occasion.

2. Around 13:20 on October 14, 2014, the Defendant violated the Punishment of Violence, etc. Act (abstinous injury by group, deadly weapons, etc.) inflicted injury on the victim’s left-hand knick part of the knivebbbbbbbbbbbbs that she had been drinking outside of the road while drinking out of the Defendant’s house on the ground that the victim had been drinking out of the road, and had the victim drinked two times with the floor of hand, and caused the victim to have the knick part of the knbbbbbbbbs that she used in his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A report on emergency measures;

1. Report on investigation (the photographing of deadly weapons);

1. Records of seizure and the list of seizure;

1. Application of statutes, such as site photographs;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 257 (1) of the Criminal Act (the point of inflicting an injury on carrying a dangerous object) and Article 257 (1) of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Type 1 (Scope of Recommendation) of Article 62-2 of the Criminal Act for the reason of the sentencing of Article 62-2 of the Order to Attend a lecture: Type 1 (Habitual Injury, Bodily Injury, Bodily Injury, Special Injury) (one year and six months to two years) (Special Mitigation) of the mitigation area (one year and six months to six months), the mitigated area (special mitigation), the crime not subject to punishment (the scope of recommending punishment) of Article 1 of the Order to Attend a lecture;