beta
(영문) 전주지방법원 군산지원 2014.04.02 2013고단1708

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:40 on November 12, 2013, the Defendant: (a) talked with the victim E (the 39-year old-old victim E (the 39-year-old) to drink with alcohol; and (b) took one time of the victim’s face face, which is a dangerous object on the customer’s face, on the ground that the victim’s her mother was insulting by insulting the victim’s mother, the Defendant left the victim’s her face for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Photographs of the upper part of the body;

1. Application of Acts and subordinate statutes of a medical certificate;

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. The grounds for sentencing under Article 62-2(1) and (2) of the Criminal Act, the main sentence of Article 59(1) of the Act on Probation, Etc., the following circumstances are comprehensively taken into account: (a) the fact that the defendant is repented of wrong facts; (b) the victim deposits 1.5 million won for the victim; and (c) the victim still has a strict punishment; and (d) other circumstances shown in the pleadings, such as the defendant’s age, character and conduct, environment, relationship with the victim, motive and circumstance of the crime, and circumstances after the crime, etc.