(영문) 수원지방법원 성남지원 2013.11.07 2013고단1376

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(영문) 수원지방법원 성남지원 2013.11.07 2013고단1376

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

At around 01:46 on June 14, 2013, on the grounds that the Defendant lost his cell phone in the Dnonocom room located in Gwangju City, the Defendant was faced with disturbance, such as the cather, by the victim E (Nam, 35 years of age) who was requested by the proprietor of the said singing room to restrain the Defendant, and opened and opened the doors of the above heading room at the victim E (Nam, 35 years of age) who was committed by the Defendant, and opened the door of the said heading room at the victim, who was asked by the proprietor of the said singing room, and opened the door and the part of the said heading (high 70-80 cm) which was dangerous to the scene, and went on the face of the victim. In addition, the Defendant took part of the face of the victim and the part of the face with drinking.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the victim, such as the inside wall of the left lower wall and the aggregate of the body for about 61 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes to a certificate of injury, damage photograph, and certificate of medical record;

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. The reason for sentencing of Article 62-2 of the Criminal Act under Article 62-2 of the Social Service Order does not exist and the victim was seriously injured and did not agree with the victim. However, the defendant did not have any criminal records exceeding the fine, and deposited a total of KRW 14.1 million for the victim, and supported three children.

In consideration of all these points, the same type as the order shall be determined.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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