(영문) 부산지방법원 2015.12.02 2015고단4490

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(영문) 부산지방법원 2015.12.02 2015고단4490

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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:00 on June 15, 2015, the Defendant: (a) within D located in Busan Eastdong-gu, Busan; (b) opened 2 beer diseases, which are dangerous objects due to the reason that the victim E (the age of 62) was under the influence of alcohol, and broken off 2 beer diseases, and caused the victim’s face face to the right hand on 2 occasions, and caused the victim’s injury to the victim due to the shock of the knch left side, the right-hand knick, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of Acts and subordinate statutes to each investigation report (for the victim's upper part of the victim's wife),

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] Reduction (1st and June-2) of Types 1 (Habitual Injury, Bodi Bodi Bodi Bodily Injury, Bodily Injury) (1st and 6th month) (1st and 6th month) (1st and 6th month) (1st and 6th month) (1st and 6th month) of the Act on the Punishment of Probation] (1st and 6th month (2nd sentence] of the crime of this case is serious as the defendant inflicts an injury on the face of the victim by destroying beer disease, which is a dangerous object

However, the punishment shall be determined as ordered by taking into account all the circumstances such as the defendant's age, health, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and the fact that the defendant is against the defendant, the victim and the victim do not want the punishment of the defendant.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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