(영문) 대전지방법원 서산지원 2015.10.15 2015고단529

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(영문) 대전지방법원 서산지원 2015.10.15 2015고단529

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 became final and conclusive.

Reasons

Punishment of the crime

At around 09:00 on May 2, 2015, the Defendant: (a) discovered that the victim E (the 59-year old-old) who is the Defendant’s growth village and that was in the process of a lawsuit, had an unexpected appraisal of the Victim E (the 59-year-old) and the Defendant, who was in the process of a lawsuit, was in mind of the victim; and (b) was driving away from the field near that place, “the victim was killed and dead of the bomb and killed of the bomb,” and “the victim was killed and killed of the bomb and killed of the bomb,” which is a dangerous object at that place, when the victim’s side bomb ( approximately 130cm in length) was bombed one time, and the victim was faced with the snow of the victim, resulting in about 14 days in an open state.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement of witness of the F;

1. A damaged photograph and a standby photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act: (a) In the mitigated area (one year and six months to two years and six months) (one year and six months) of habitual injury, repeated injury, and special injury (a person subject to special mitigation] of minor injury [a person subject to special mitigation] of the mitigated area (a person subject to sentence] (a person subject to special mitigation] of the defendant is recognized as having inflicted an injury on the victim with dangerous things; (b) the victim is not severe injury; (c) the defendant deposited 1 million won for the victim; and (d) the defendant was punished by a fine for drunk driving; and (e) the defendant did not have any

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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