(영문) 대전지방법원 2016.04.27 2015고단2471

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(영문) 대전지방법원 2016.04.27 2015고단2471

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On May 24, 2015, the Defendant: (a) around 20:30 on the third floor of the Daejeon Middle-gu Seoul Building, the Defendant laid off the transition (22 cm in total length, 11 cm in length) that is a deadly weapon purchased in and around Mat on the ground that the victim E, an employee of the Defendant, changed the credit rating of 30,000 won, and talked to be bad, and (b) the Defendant sawd the victim as a deadly weapon purchased in and around Mat in the vicinity, and caused approximately three weeks back to the right side, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s statement (the sequence 10 of the evidence list);

1. A protocol of seizure and a list of seizure;

1. Each photograph;

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

1. Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. A favorable circumstance is that the reason for sentencing under Article 48(1)1 of the Criminal Act is recognized and against the defendant, and that the degree of injury of the victim is not very serious.

However, the crime of this case is a case in which the defendant committed an injury that requires approximately three weeks of medical treatment to the victim who is a deadly weapon, leading to the victim, and the crime of this case is inferior in light of the method and contents of the crime, and its danger is also high.

In this case, even though the victim seems to have suffered considerable mental impulse, it has not been restored until now, and the victim is punished by the defendant.

In consideration of this point, even if considering the favorable circumstances above, the sentence of sentence is inevitable for the defendant.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

참조조문

-형법 제48조 제1항 제1호

-형법 제257조 제1항

-형법 제258조의2 제1항

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