(영문) 전주지방법원 2013.06.17 2013고단1162

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(영문) 전주지방법원 2013.06.17 2013고단1162

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 of the final judgment.

Reasons

Criminal facts

On February 11, 2013, the Defendant: (a) around 11, 2013, within the Dju-si, Yan-si, Jeonju-si, the victim E(57 years old); (b) was a beer disease, which is a dangerous object on the table, and (c) caused approximately one week of treatment to the victim E; and (d) continued to collect beer disease, which is a dangerous object on the table table, caused the victim E, to follow the left side of the victim F (62 years old) and put about approximately one week of treatment to the victim F of the head part requiring approximately one-time treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol against the accused, E, or F;

1. The written statement of the defendant;

1. Voluntary report, criminal place, internal investigation report, and each investigation report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 (the crime of this case is committed in consideration of the circumstances favorable to the defendant, such as the fact that the head of the victims, who may cause a fatal result to the defendant, is at the price of beer’s disease or was collected, and that the crime of this case is not committed. However, although the crime of this case is committed in depth, the confession of the crime of this case does not focus on the damage result of victims, and that the defendant seems to have committed the crime of this case by contingency, it is favorable to the defendant)

1. Article 62 (1) of the Criminal Act on the stay of execution (resumed circumstances, etc. favorable to the defendant, such as that the defendant does not want the punishment of the defendant by mutual consent between the victims and the victim);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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