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(영문) 대구지방법원 2013.04.18 2013고단911
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 December 14, 2012, at around 17:30, the Defendant: (a) brought an injury to the left-hand side of the head requiring approximately two weeks of medical treatment on the ground that the victim E (the 53 years of age) (the 53 years of age should not take the alcoholic beverages brought from another store) was “n't take them out;” and (b) brought an injury on the victim’s left-hand side of the head, which is a dangerous thing in the table, on the ground that the victim E (the 53 years of age should not take them out.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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. According to the sentencing guidelines for sentencing in Article 62-2 of the Social Service Order Criminal Act, the instant crime constitutes a special injury by violent crime group, and the scope of recommending punishment is from 1 year and 6 months to 2 years (special mitigation area - minor injury, and not subject to punishment).

Since the defendant used dangerous articles to inflict bodily harm on the victim, it is necessary to strictly punish the risk of the crime of this case.

However, in light of all the circumstances, such as the fact that the defendant is against the crime of this case, the fact that the defendant is not subject to punishment for the defendant under an agreement with the victim, the degree of injury of the victim is minor, and the fact that the defendant seems to have committed the crime of this case by contingency under drinking, etc., the punishment shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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