(영문) 광주지방법원 2013.04.11 2012고단6427

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(영문) 광주지방법원 2013.04.11 2012고단6427

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 August 10, 2012, around 12:30 on August 12, 2012, the Defendant: (a) 303 of the Dong-gu Gwangju-gu, Gwangju-gu, and (b) d (48 years of age) fluoral disease, which is a dangerous object, while drinking alcohol together with the victim D, left the head of the victim once, and had approximately two weeks of cerebrs and strokes in need of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Medical records and medical certificates of an emergency department;

1. Application of Acts and subordinate statutes to the investigation report (19 pages of investigation records);

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 (the fact that the defendant recognizes as a substitute for the crime, the fact that the criminal defendant seems to have occurred after drinking alcohol, the degree of injury suffered by the victim is relatively minor, and the criminal records, etc. of the defendant are considered);

1. Article 62 (1) of the Criminal Act on the suspended execution (the grounds for discretionary mitigation shall be repeatedly considered);

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 62-2 of the Probation Criminal Act alleged to the effect that the defendant was in a state of mental disability under the influence of alcohol at the time of committing the crime. However, in full view of the evidence, the fact that the defendant was under the influence of alcohol at the time of committing the crime can be known, but it is difficult to view that the defendant reached a state of weak ability to discern things

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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