beta
(영문) 수원지방법원 안산지원 2015.08.20 2015고단1490

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 became final and conclusive.

Reasons

Punishment of the crime

On February 7, 2015, the Defendant: (a) around 01:26, at Dart in C where the Defendant was working as an employee, the victim E (33 years of age) was released from the calculation unit of tobacco while being drunk; (b) was frighting the Defendant’s ear by hand; (c) was frighting the Defendant’s ear with his hand, and was in custody of the flag with normal credit; and (d) was hump, a dangerous object that was kept at the place (46cm in length, approximately 20cm in thickness, approximately 400cm in weight; and (e) was humping the victim’s head at several times; and (e) the victim’s head at which the victim’s head could not be known once the number of days of treatment for the second time due to the outbreak.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to field and suspect photographs, CCTV video images (No. 11);

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. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act is the type 2 of habitual injury, repeated injury, and special mitigation area (1 year to 4 years), and the special mitigation area (1 year and 1 year to 1 year and 4 years) [2] of the instant crime. However, the following are considered: (a) the defendant reflects the defendant's wrongness; (b) the defendant collected the goods of the defendant for a considerable period of time in the marina in which the victim was working; and (c) the defendant was fluor of the instant crime due to his fluor's fluor's disorder, such as gathering the goods of the defendant for a considerable period of time;