beta
(영문) 수원지방법원 2016.01.28 2015고단5084

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant B, around 12:50 on May 23, 2015, at the F “F” located in Osan-si, Osan-si, with the victim A (32 years of age) who had been working at night and who took a night duty, had the victim her speech to the effect that he/she would act without brushly from the damaged while drinking, but he/she had a verbal dispute with the victim.

After leaving the restaurant together with the victim, the Defendant: (a) heard the horses from the victim; (b) held the face and body of the Defendant’s body by drinking the horses; and (c) kid the victim’s head in front of the restaurant; and (d) inflicted an injury on the victim’s face, etc. on the face of the victim.

2. Defendant A: (a) at the time and place specified in paragraph (1) 1, the head is tightly pushed the victim’s face; and (b) at the same time and place, the victim’s face is tightly shacked; and (c) the victim’s face, body, etc. was hicked by drinking, etc. as described in paragraph (1) 1; (d) the victim’s face and body was hicked; and (e) the victim’s face and body was hickly hicked by drinking, and the victim was hickly injured for about two weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Photographs and photographs (CCTV image);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: The following facts are considered: (a) the degree of injury for the reason of sentencing under Article 62-2 of the Criminal Act is not less vulnerable to danger; (b) the Defendants are in the same workplace charged with the instant crime; (c) the instant crime occurred after drinking alcohol; and (d) the Defendants are not subject to the punishment of each other; (d) criminal records (the Defendant A has several criminal records due to violence; (e) the Defendant B is the primary offender); and (e) the circumstances constituting sentencing conditions, such as the circumstances of dependent family members.