(영문) 대전지방법원 천안지원 2013.03.21 2012고단1686

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(영문) 대전지방법원 천안지원 2013.03.21 2012고단1686

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2012, around 09:05, the Defendant: (a) operated the call cab owned by the Defendant on the 628 provincial road in the Asan City; (b) on the ground that the victim E (32 years of age) interfered with the progress of the vehicle, and (c) made the victim get off the vehicle by using the gas transport vehicle installed and driven by the victim, and made the victim get off the vehicle, and her bath, and her knife, which is an object dangerous to the victim’s knife with the left hand, carried the victim’s knife (10cm in length, 22cm in total, 10cm in length, and No. 1) and caused the victim E to inflict an injury on the victim E, which requires an open treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site photographs and a written diagnosis of injury;

1. Application of existing laws and regulations of one knife (10cm in blades, 22cm in total length, No. 1) of seized phrases;

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is very poor in the nature and circumstance of the crime of this case in that the risk of the number of crimes of this case, the degree of damage caused thereby, and the victim did not reach an agreement. However, the defendant is aged 67 years old and has no record of punishment except a minor fine. In light of the fact that the defendant led to the crime of this case, in the form of a car book, he/she is deemed to have committed the crime of this case, and in the form of a car book, he/she is found to have committed the crime of this case, he/she shall be sentenced to the maximum punishment after mitigation of the statutory punishment, and the execution of the sentence shall be suspended at the same time, but the grace period shall be determined for a certain period of time

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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