(영문) 인천지방법원 2014.04.17 2013고단6155

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(영문) 인천지방법원 2014.04.17 2013고단6155

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

At around 00:30 on August 22, 2013, the Defendant: (a) was in front of the D cafeteria located in the Namdong-gu Incheon Metropolitan City, for the reason that the victim E (ma, 54 years old) takes a bath to his woman-friendly Gu, and was in booming the victim’s flaps, and was a dangerous object.

In the first time of the head of the victim's head, the victim was unable to know the number of days of treatment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police suspect interrogation protocol regarding E;

1. Application of each of the Acts and subordinate statutes stated in the investigation report, on-site photographs, photo of the injured part and on-site photographs;

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 (see the following reasons for sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Application of the sentencing guidelines [type of crime]: Where the victim is fully liable for the occurrence of a crime even if the victim is also responsible for the occurrence of the crime: Imprisonment with prison labor for a year and six months to two years and six months from the date of suspension of execution]; Where the victim is fully responsible for the occurrence of the crime; there is no criminal record of suspension of execution or more;

2. The sentence shall be determined as per the order, considering the reasons for the suspension of execution and the fact that the defendant partially deposited money to the victim, the fact that the defendant has no record of the same kind of crime, although it is not good to the nature of the crime in light of the method of the crime in this case

참조조문

-보호관찰 등에 관한 법률 제59조

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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