(영문) 인천지방법원 2014.11.13 2014고단7099

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(영문) 인천지방법원 2014.11.13 2014고단7099

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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A defendant shall be punished by imprisonment for two years.

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

On August 18, 2014, at around 01:00, the Defendant, while drinking the victim E (the age of 43) and drinking alcohol in Seo-gu Incheon Metropolitan City, took the face of the victim on the ground that the victim was kneeing, continued to knee the victim out of the above knee, and sustained the victim on the back of the back of the knee of the knee, resulting in injury to the victim, such as cerebrum, requiring a medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of photographs);

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 under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing criteria (the scope of the recommended sentence) (the scope of the special injury) shall be the basic area (2 to 4 years) of the first category (2 to 4 years); and

2. The sentence of this case is determined as ordered by taking into account the following circumstances: (a) the risk of the crime of this case is substantial and not good; (b) the fact that there is no agreement with the victim is unfavorable to the defendant; (c) the fact that the victim is likely to suffer serious damage; (d) the fact that the defendant deposits 1.5 million won for the victim; and (e) the fact that the defendant is against the defendant's obligation is considered as favorable to the defendant; and (e) other various circumstances, such as the defendant's age, character and behavior, 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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