(영문) 창원지방법원 2014.04.11 2013고단3993

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(영문) 창원지방법원 2014.04.11 2013고단3993

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 became final and conclusive.

Reasons

Punishment of the crime

On September 6, 2013, around 06:30 on September 6, 2013, the defendant was time to complete within the E-ju area operated by the victim D (W, 44 years old) located in the north-gu, Busan, and therefore, he was demanded to pay the alcohol value, and he was in line with the snow bottom of the victim's face.

As a result, the Defendant carried dangerous things with the victim, and caused the tear to the left eye of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes to investigation reports (field situations, etc.);

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. The crime of this case in the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the reason for sentencing") requires a strict punishment against the defendant, considering that the crime of this case was committed in consideration of the fact that the defendant was faced with the victim's face, thereby causing injury to the victim, and that there is a record of being punished for the same kind of crime in the past.

However, in light of the following factors: (a) the defendant led to the confession of the crime of this case and reflects his depth; (b) the victim does not want the punishment by mutual consent with the victim; and (c) the age, character and conduct, intelligence and environment of the defendant; and (d) the motive and circumstance of the crime of this case and the circumstances after the crime, etc., the court shall decide to suspend the execution of imprisonment with prison labor for

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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