beta
(영문) 서울서부지방법원 2013.06.11 2012고단2716

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

At around 12:40 on November 11, 2012, the Defendant, at the house of C Apartment 103, 1103, 1103, Da, Nowon-gu, Seoul, brought an excellent heat room where it is impossible to recognize the number of treatment days because the Defendant, as well as the victim E (the age of 57), F, and D, drinks together with the other things dangerous to the victim for the reason that the victim was able to frighten, and fright together with D, f, and the other things dangerous to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to investigation reports and field photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Discretionary mitigation (the following grounds for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Act [the reason for sentencing as follows] [the reason for sentencing] of Article 62(1) of the Criminal Act [the scope of general injury] violence (the scope of recommendation] / [the scope of punishment] from January to June (the decision not to punish: the decision not to punish] The sentencing guidelines for the crime of this case are as above, and it is very important that the defendant inflicts an injury on the victim by displaying the knife.

However, in light of all the circumstances such as the defendant's character and behavior, environment, and circumstances after the crime, the sentence shall be determined as ordered in consideration of the fact that the defendant was under the influence of alcohol and the victim expressed his intention not to punish him, the defendant is divided into the crime in this case, and the defendant is committing the crime in this case.