beta
(영문) 수원지방법원 2014.09.24 2014고단384

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 was under the influence of alcohol so that he was in a state that he was unable to discern things or make decisions.

On October 2, 2013, the Defendant: (a) around 00:35, the victim D (the 35 years of age, the remaining) in Suwon-si C, was wraped with the F and his own f. in the E entertainment tavern operated by the victim D (the 35 years of age, and the son). On October 2, 2013, G, the victim and the employees of the said main f.h., she fightd with the s

In this way, the defendant carried dangerous articles and inflicted a tear on the part where the number of treatment days cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Statement made to D by the police;

1. Application of each statute on photographs;

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 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type of Crimes] Sentencing 62(1) of the Act on the Suspension of Execution - The elements for mitigation of punishment [the scope of area and recommendation] - the mitigated area of imprisonment with prison labor for one year and six months to two years and six months [the general person] mitigated element of imprisonment for a year and six months to six months [the general person] mitigated element of mental and physical disability] - the suspended execution of one year and six months to six years to six years (the decision of sentence] - the above sentencing factors and the defendant recognized the mistake of the above sentencing person and the defendant, and the defendant has no criminal records other than the punishment sentenced once to a fine due to