(영문) 서울서부지방법원 2014.07.22 2014고단1310

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(영문) 서울서부지방법원 2014.07.22 2014고단1310

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

except that 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 14:20 on April 10, 2014, the Defendant: (a) caused the victim C(54 years of age) and the construction site in front of 35-gil-ro, Yongsan-gu, Yongsan-gu, Seoul, in the course of the Defendant’s intending to first give back the solid water discarded from the site, and (b) caused the victim’s head part, which is a dangerous object (130 centimeters in length, 2 centimeters in thickness), which was located far away from the floor, by cutting down the victim’s head part, and cut off one time to the victim’s head part, and caused the victim’s injury, such as 3 centimeters in the number of days of treatment and tearing the 3 centimeters in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the defendant or C;

1. C’s statement;

1. Application of statutes on photographs of damage;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] [the scope of habitual injury, repeated injury, special injury] type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigation area (one to June 2), the mitigation area (a person who has been specially mitigated] (a decision of a sentence] no penalty (a decision of a sentence] (a decision of a sentence has no criminal power on the above sentencing criteria and some circumstances may be taken into account in the course of the crime; the victim and the victim do not want the punishment; and a decision of a sentence shall be made by taking full account of various circumstances, including the defendant's age, character and conduct, and environment, which are the conditions for the sentencing of this case,

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

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