beta
(영문) 부산지방법원 2014.04.16 2014고단1230

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) and the past 10 years, and C was dissatisfied with the victim D(33 years of age) and sacrifies, but C went to the F Hospital located in Busan Heung-gu E in order to talk with C, and eventually became the victim.

Therefore, around 06:20 on December 6, 2013, the Defendant, at around 06:20, sustained the victim’s vehicle on the road near the said F Hospital parking lot, with a golf wing practice using approximately 90 m in length, which is a dangerous object being kept on the back seat of the said vehicle, and sustained the victim’s head and body by using a golf wing practice using approximately 90 m in length, and the victim’s head and body towards the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective violence with a deadly weapon, etc.) used golf wing practice (90 cm in length), which is a dangerous object as stated in paragraph (1) of the said Article, and used the bucks and bucks for the instant golf wing practice.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes of a written diagnosis and a written confirmation of hospitalization;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of assaulting carrying a dangerous object);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Do1489, Apr. 2, 2009)

1. Article 62(1) of the Criminal Act (the same favorable circumstances as the above) provides for the suspension of execution.