(영문) 서울남부지방법원 2015.08.27 2015고단2879

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(영문) 서울남부지방법원 2015.08.27 2015고단2879

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

On June 30, 2015, at around 20:45, the Defendant collected a small-scale disease, which is a dangerous object in the table table, on the ground that it is bad for the victim E (the 57-year old-old-gu), while drinking alcohol together with the victim E (the 57-year-old-gu) located in Yeongdeungpo-gu Seoul Metropolitan Government, and caused the victim’s injury to which the number of days of treatment can not be known by taking two times back the math part of the victim, one time, and one time, taking off the math part of the math, and taking out the math part of the path in the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 recommending punishment] In the case of habitual injury, repeated injury, and special injury [Special Mitigation] type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigated area (1 year and June 2), or where considerable damage was recovered (including efforts to recover damage), the decision of sentence] the commission of the instant crime, the degree of damage, etc., although the liability for the crime is not easy in light of the circumstances leading to the instant crime, the fact that the Defendant is recognized and against the victim, the fact that the Defendant has agreed with the victim that there was no history of punishment exceeding the fine, the Defendant’s age, character and conduct, environment, and circumstances after the crime,

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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