beta
(영문) 의정부지방법원 고양지원 2015.05.01 2015고단248

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of 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

The defendant is a person who works together with the victim D (the age of 51) at the management office of the apartment in Pakistan-si.

At around 07:10 on January 2, 2015, the Defendant, within the above management office, brought about the victim’s oral dispute with the victim, and, while speaking, “personally killed the victim,” calculated the head part of the victim’s head by gathering an Aluminium camping net, which is a dangerous object at the same time, on one-time basis. The Defendant saw the victim’s head part at one time, the victim’s hand, and ske the victim’s head part, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to CCTVs at the scene of crimes and photographs damaged by damage;

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 62 (1) of the Criminal Act;

1. Sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing: Violence crimes, habitual injury, repeated injury, special injury, Type 1 (Aggravated Bodily Injury), basic area, imprisonment with labor for a period of two to four years, which are dangerous articles that may result in a serious result, and the victim was injured and has been punished several times including imprisonment with labor for violent crimes, and the victim's damage was not recovered.

The victim's injury is not so hot, and the defendant deposited KRW 1 million for the recovery of the victim's damage after the completion of public trial.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.