beta
(영문) 수원지방법원 성남지원 2014.05.21 2014고단297

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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 of the final judgment.

Reasons

Punishment of the crime

1. On January 14, 2014, around 22:00, the Defendant damaged the damage of property by gathering two influence tables and two influences in the market price, which is the victim’s ownership, in Enosoca operated by the victim D in Gwangju City.

2. The Defendant assaulted the victim on the ground of paragraph 1, at the time, at the same time and place as that set forth in paragraph 1, for the same reason as that set forth in paragraph 1.

3. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), at the same time, at the same place, and at the same time, at the same place as paragraph (1) 2, the victim F (the 42-year-old) who was living there was a difference from the material of reinforced glass, which is a dangerous object, in order to restrain the Defendant from committing the same crime as paragraph (2) (the 9cm name, the height of 3 cm) was collected from the victim, thereby taking the victim into custody for about 14 days, thereby complying with his/her head.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Article 36 of the Criminal Act applicable to the crime, Article 366 of the choice of punishment, Article 260 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on a person who carries a deadly weapon);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that the defendant is against himself/herself, that the injury is minor, and that mental illness appears to be one of the causes of the crime, such as bipolartic disorder, and that the defendant shows the intention of treatment, such as hospitalization at a hospital for treatment of a disease, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation under Article 62-2 of the Criminal Act;