beta
(영문) 광주지방법원 2015.01.14 2014고단4031

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The punishment of the accused shall be determined by two years of imprisonment.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 7, 2014, at around 13:36, the Defendant: (a) laid the side gate back to the next floor of the victim D(the age of 82) who was sitting in the front of the victim D(the age of 82) located in Yangyang-gun C; (b) laid down the head part of the victim's head on several occasions, which is a dangerous object being continuously being used, and inflicted an injury on the victim, such as a head head dive body, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury) (Special Bodily Injury), category 1 (Special Bodily Injury, Bodily Injury) (Special Bodily Injury) (Special Aggravation) - Victims who are vulnerable to the crime of aggravation [Determination of the area of recommendation] basic area [Scope of recommendation] 2 years to 4 years; and

2. Whether to add a stay of execution - Major witness reasons: Victims vulnerable to negative crimes - major witness reasons: No person who has positive criminal punishment power - general witness reasons: The defendant who commits a positive and contingent crime;

3. Two years (three years to suspend the execution of sentence) of imprisonment with prison labor;