beta
(영문) 수원지방법원 안산지원 2014.07.10 2014고단1063

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 April 26, 2014, at around 23:55, the Defendant: (a) followed the victim E (the age of 47)’s statement as a witness in the previous assault case on the ground that the victim’s victim E (the age of 47) was in accordance with the police station’s witness’s statement at the police station, and (b) faced the victim’s face, and led the victim to the victim’s eye facing the right side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as photographs of injuries;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is that the case of the instant crime where the Defendant scamed and scamed for the victim, and caused the victim to open. However, the sentence is determined as ordered by taking full account of all the following factors: (a) the Defendant’s mistake is against the victim; (b) the agreement is given to the victim; (c) the circumstances surrounding the crime are considered; (d) the Defendant’s primary offender; (c) the relationship between the Defendant and the victim; (d) the Defendant’s family situation and health conditions; and (e) the Defendant’s age, character and conduct, intelligence