(영문) 수원지방법원 안산지원 2013.10.31 2013고단2190

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(영문) 수원지방법원 안산지원 2013.10.31 2013고단2190

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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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

On 22:30 on 24. 206. 22. 22:30 on 24. 2013, the Defendant: (a) at the D Hospital underground room located in Heaking City C, the Defendant flowed to the victim E (the age of 48 per day) that the Defendant drinked to drink the eggs; (b) caused the victim’s left eye to the tree debris, which is a dangerous object, to tear down the snow of the victim’s treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs of the injured part of the victim;

1. Application of statutes to inquiries about criminal records, etc.;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 (1) 3 of the Criminal Act (Article 53 and Article 55 (1) appears to have committed the instant crime in a state of discretionary mitigation, and considering all circumstances, such as the fact that the Defendant has repented

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature of the crime and the result of the crime in question, etc.; however, there are no criminal records of a stay of execution or more, and the victim wants to be the wife of the defendant, and the defendant appears to have committed the crime in this case by contingency in his state of exploitation, and the defendant has committed the crime in depth, and his social ties are clearly divided and the detention of the defendant entails excessive difficulty for his family members; the motive and background of the crime in this case; the relationship between the defendant and the victim; the circumstances after the crime in question;

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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