beta
(영문) 수원지방법원 안산지원 2013.10.16 2013고단10

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2012, at around 13:30, the Defendant: (a) reported the victim C (Nam, 44 years of age) who is the husband of the spouse who was divorced on the street in front of the “Saeba Center” located in Pyeongtaek-gu, Seo-gu, Seo-gu, Seo-gu, Sin-si; (b) performed bating the bat of the victim’s bat; (c) taken the victim’s face by drinking bat; and (d) alking the victim’s alkin pipe ( approximately 1m 50cm in length), which is a dangerous thing located on the street; and (e) inflicted injury on the victim, such as the victim’s cat and tension that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A written diagnosis of injury;

1. Application of photographic Acts and subordinate statutes;

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the degree of injury of the victim is insignificant);

3. Suspension of execution under Article 62 (1) of the Criminal Act (the confession of and reflects on the crime in this case, the extent of injury to the victim is minor, and other factors such as the background of the crime in this case, the age of the defendant, the living conditions, etc.).

4. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.