beta
(영문) 대구지방법원 경주지원 2015.02.16 2014고단850

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2014, the defendant was sentenced to a suspended sentence of two years for a period of ten months by imprisonment with prison labor for a violation of the Road Traffic Act in Daegu District Court and racing support.

7.3 The above judgment became final and conclusive.

On June 25, 2014, at around 20:40, the Defendant drinked alcoholic beverages at the F cafeteria operated by the victim E (n, 48 years of age) and his relative G called the right. The Defendant collected beer disease, which is a dangerous object on the table while taking a bath for the victim to resist it, and caused injury to the victim, such as cerebral le, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. A report on occurrence (violation of the Punishment of Violences, etc. Act), internal investigation report (field status, etc.), photographs, investigation report (related to attachment to a written agreement), written agreement, etc., investigation report (Listening to the victim E-mail statement), investigation report (Access to the victim E-medical statement), and medical certificate;

1. Previous records of judgment: Criminal records, etc., inquiry report, investigation report (fact that is a crime before a final judgment of a suspect), and application of one copy of judgment;

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. Handling concurrent crimes and mitigation thereof: the latter part of Article 37, Articles 39 (1) and 55 (1) 3 of the Criminal Act;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act is not good, it is so decided as per Disposition in consideration of the following: (a) the full agreement with the victim was reached; (b) the latter part of Article 37 of the Criminal Act was in competition relationship (unapplicable guidelines); and (c) other records and arguments, such as the defendant’s age, happiness, family environment, and circumstances after committing a crime; and (d) all of the sentencing conditions prescribed in Article 51 of the Criminal Act