beta
(영문) 광주지방법원 해남지원 2015.02.12 2014고단398

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

The defendant is a person who is the chief of the C Village in Jeonnam-gun, Namnam-gun, and the victim D(57) is the chief director of the above C Village, who is in a marital relationship with the victim E(A, 53 years old).

The Defendant, at around 22:10 on July 14, 2014, was in dispute with the victim D and village bed at the defendant's house located in the Vietnam-gun F, Namnam-nam on the issue of the victim D and village bed, and the Defendant and the victim D met with the victim D's shoulder with the victim's hand, and the Defendant and the victim D met the face of the victim D while drinking the bat, and used the face part of the victim D's face by drinking it, and used the victim's face part by drinking it, which is a dangerous object at the victim's end ( approximately 1m in length), and used the victim's hair at one time, head of the victim D's hair, and d's head D' D', and followed the victim's left part by the victim's hand when the victim's wife D's head D's hand D', and followed the victim's loss to the victim's left part.

As a result, the Defendant carried with each item, which is a dangerous object, and committed an injury to the victim D, such as an open 21 days of medical treatment, and a injury to the victim E, which requires approximately 21 days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. A report on investigation;

1. Each injury diagnosis letter (D, E);

1. Application of the Acts and subordinate statutes on the part of injury and photograph of criminal implements;

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 community service order [Scope of recommendations] Habitual injury, repeated injury, and special injury shall be type 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Bodily Injury);