beta
(영문) 의정부지방법원 고양지원 2014.10.31 2014고단1651

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, 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 July 13, 2014, around 19:35, the Defendant collected finite disease, which is a dangerous object in the cooling finite, from the victim E (the age of 52) who is the latter ship, and finites the head of the victim at one time, so that the victim’s hair can tear about 1.5cm.

As a result, the defendant carried dangerous things and inflicted bodily injury on the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

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

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. Article 62 (1) of the Criminal Act;

1. Sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing: Violence crimes, habitual injury, repeated injury, special injury, Type 1 (Aggravated Bodily Injury), basic area, imprisonment with labor for a period of two years to four years, causing injury to the victim, causing injury to the victim, failing to receive a statement from the victim, and the defendant was punished several times for a crime related to violence in the past.

On the other hand, the injury of the victim caused by the instant case is not so serious.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.