beta
(영문) 서울북부지방법원 2014.03.27 2014고단141

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 December 28, 2013, the Defendant: (a) around 12:30 on December 28, 2013, the Defendant, while running a card game at the same taxi company near the Jung-gu Seoul Metropolitan Government, was involved in the card game; (b) even though the Defendant said that he did not engage in the card game, the Defendant, the Defendant, at around 12:30, was an empty with the Defendant, a dangerous object, i.e., the Defendant’s head francing the Defendant’s head.

병으로 피해자의 좌측 머리를 1회 내리치고 주먹으로 피해자의 얼굴 등을 수회 때려 피해자에게 치료일수 미상의 좌측 관자부위를 약 20바늘 꿰매게 하는 자상 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of field photographs, suspect DNA-related Acts and subordinate statutes;

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. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., confession and reflectiveness of the defendant, and the unanimous agreement with the victim) of the suspended execution;