beta
(영문) 광주지방법원 2014.11.13 2014고단3525

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

On August 11, 2014, the Defendant: (a) around 05:00, the Defendant inflicted an injury on the victim E (the age of 27) who opened a meal at “D restaurant” located in Gwangju-gu, Gwangju-gu, to the effect that “the victim E (the age of 27) should not greatly raise radio sounds”; (b) the victim’s disease, which is a dangerous object, caused the victim to undergo approximately two weeks of treatment, such as “a open room in the head part.”

In this respect, the defendant carried with himself an illness, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. On-site image photographs and the suspect's satisfetypes in the suspect's ward's disease;

1. Application of Acts and subordinate statutes to investigation reports (Submission of a medical certificate for a victim) and diagnosis reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on the Order of Community Service and Order to Attend Education, and Article 59 of the Act on the Probation, etc., was committed by the victim with a very high risk of committing the crime itself. In light of the fact that the defendant committed the crime of this case without being aware of the history of each punishment of imprisonment, suspension of execution, and fine, it is necessary to punish the defendant strictly.

However, it is against the fact that the defendant's mistake is divided and reflected, and the degree of the victim's injury is.