(영문) 의정부지방법원 2015.04.07 2014고단4037

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(영문) 의정부지방법원 2015.04.07 2014고단4037

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 10, 2014, between 00:0 and 02:00, the Defendant drinked six drinking together, including the victim E (39 years of age) within the D week located in Scheon-si C, and the victim and the factory manager (54 years of age) have a defect in business relations. F (54 years of age) dispute "I will come to go to the factory manager, whether I will go to the factory manager, and if I will go to the factory manager." However, the Defendant continued to 30 meters of the victim's head, which is a dangerous object on the tables, due to the defect in the F with the end of the dispute, 30 meters of the victim's head, her head, the victim's hand, the victim's head, her hand, the victim's left hand, and her head, the victim's left part, and her head, and her head, her head, and her head, and her head, and her head, and her head, and her head, and her head.

As a result, the defendant put the victim with the 3th left-hand balance which needs to be treated for about 5 weeks of medical treatment, and the blood species of the 3rd son and the 1st son.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate of injury, and a damaged photograph;

1. Application of the Acts and subordinate statutes to the complaint;

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 Probation and Social Service Order [Scope of Recommendation] Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodily Injury and Special Injury) (1 year and 6 months) (including special mitigation), the mitigation area (1 year and 6 months to 2 years and 6 months), the punishment not (including efforts to recover damage), the decision of sentence] the accused's criminal acceptance method is dangerous, and the degree of damage is significant.

Moreover, the defendant has many criminal records, and has the same criminal records.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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