(영문) 수원지방법원 안산지원 2014.10.30 2014고단2376

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(영문) 수원지방법원 안산지원 2014.10.30 2014고단2376

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

During the delivery of Ortoba, the Defendant: (a) made clear and clear statement of collision with the vehicle driven by the victim C (the age of 22) and made an objection to the fluorites; (b) on September 14, 2014, the Defendant: (c) on the bicycle lane near the 23th Nancheon-ro, Ansan-ro, Ansan-ro, Ansan-ro, the members of Ansan-si, Sinsan-si, Seoul-si, and called the victim by telephone; and (d) on the face of the victim D (the age of 22) from the above C, the Defendant fluorites team (the length is about 1m), a dangerous object in the vicinity of the victim C (the age of 22) fluora, and followed the victim’s face at two times by drinking, and (e) took part in the victim’s face with the above but team, and (e) took part in the victim’s escape and the subsequent fluora.

As a result, the defendant carried dangerous things and carried them to the victim C with the left arms of the treatment days, and put the victim D with his hair in the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Application of related Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are against the defendant, the full agreement between the victims and the victims, the fact that there is no record of punishment heavier than the suspended execution, and the circumstances of the crime in this case, the age, character and conduct, environment, etc. of the defendant

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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