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(영문) 전주지방법원 정읍지원 2015.09.01 2015고단315

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

The defendant and the victim C(23 years of age) are friendship death.

피고인은 2015. 6. 12. 00:40경 부안군 D에 있는 E주점 앞길에서 피해자와 말다툼을 하던 중 피해자가 주먹으로 피고인의 얼굴을 가격하자 이에 대항하여 피해자의 얼굴 부위를 4~5회 때리고, 계속하여 그곳 근처에 있던 ‘F' 식당 모퉁이에 쌓여 있던 빈병박스 안에 들어있는 위험한 물건인 유리로 된 빈 콜라병 2개를 양손에 각각 거꾸로 뒤집어 들고 맞부딪혀 깨트린 뒤, 양손에 쥔 깨진 유리 조각을 피해자를 향해 휘두르며 이를 피해자를 향해 집어 던지고, 또 다시 빈 콜라병 2개를 깨트린 뒤, 피해자를 향해 휘둘러 피해자의 가슴과 어깨 부위를 찔렀다.

As a result, the defendant carried dangerous objects with the victim about three weeks of medical treatment, and led the victim to the upper left side of the lower side, the lower side of the lower side, and the lower side of the chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding C;

1. Each police statement of G and H;

1. Each investigation report (47 pages, 62 pages of investigation records);

1. Application of Acts and subordinate statutes concerning damaged parts and field 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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (recognition of favorable sentencing conditions among the reasons for sentencing) is serious in light of the contents of the crime, but the defendant is committed against himself. However, the fact that the defendant is waiting to commit the crime of this case, the victim has consented to the crime of this case, the defendant has agreed with the victim, the victim does not want to be punished, the defendant has no criminal record other than the one-time fine of 2010, and there is no other criminal record other than the criminal record.