(영문) 대전지방법원 천안지원 2013.05.16 2013고단71

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2013.05.16 2013고단71

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 January 13, 2013, at around 01:20, the Defendant living together with the victim D (24 years of age) of the building C in Yannam-gu, Yandong-gu, Yandong-gu, Yandong-gu, Yandong-gu, and the Defendant inflicted an injury on the victim, such as blood fluor, fluor of the left part part of the building C, which is a deadly weapon in the kitchen (17cm in the blade, 30cm in the total length) while under dispute with the victim on the ground that the Defendant dices female fluor of the victim's male and female fluoring drinking, and that the Defendant fluor of the kitchen, which is a deadly weapon in the kitchen, was under the influence of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site photographs and medical certificates;

1. Application of existing Acts and subordinate statutes (No. 1) of one kitchen knife (17 cm in length, 30 cm in total length) seized,

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. Although it is not good in that the defendant, who has the same criminal history as a reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, has inflicted injury on the victim by the kitchen knife, which is a deadly weapon, the crime of this case. However, considering the fact that the defendant led to the confession of the crime of this case and committed any contingent crime under the influence of alcohol, the defendant seems to have committed a crime under the influence of alcohol, considering the fact that the victim is not punished against the defendant by agreement with the victim, the defendant shall be sentenced to the lowest sentence after mitigated punishment and the execution of the sentence shall be suspended.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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