beta
(영문) 서울서부지방법원 2014.10.31 2014고단1677

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On April 14, 2014, at around 01:55, the Defendant, at the main point of “D” located in Mapo-gu Seoul Mapo-gu Seoul, was assaulted against the victim F (35 years of age). The Defendant met the back number of the victim by having an alcohol disease on the table table.

이로써 피고인은 위험한 물건인 술병으로 피해자를 폭행하여 피해자의 뒤통수가 찢어지고 튄 맥주병 조각으로 인해 피해자의 이마 부위가 찢어지게 하는 등 치료일수 미상의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes to photographs of standing parts and scene images;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2006)

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the foregoing circumstances are considered as above);