(영문) 인천지방법원 2016.04.21 2015고단8481

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(영문) 인천지방법원 2016.04.21 2015고단8481

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2015, the Defendant, at around 22:30 on October 31, 2015, performed the victim E (27 3) and alcohol in the Namdong-gu Incheon Metropolitan City “D,” and the Defendant, on the ground that the victim took the part against the Defendant’s daily driving, followed the victim’s face and put the victim into an open top of the head part in need of medical treatment between 28 days, and the joint top of the pelbus consent.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Articles 258-2 and 257 (1) of the Criminal Act relating to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case on the grounds of the observation of protection and the sentencing of Article 62-2 of the Social Service Order Act is not good in light of its details, method, and result, and the victim’s wishing to punish the defendant’s severe punishment is disadvantageous to the defendant.

However, the fact that the defendant reflects his criminal act, deposited 5 million won against the victim, and that the first offender who has no record of punishment is considered favorable to the defendant, etc. In addition, the defendant's age, sexual conduct, intelligence and environment, motive, means and result of the crime, and the circumstances after the crime, etc. shall be comprehensively considered, and the punishment as set forth in the text shall be determined by taking into account various sentencing conditions specified in the arguments in this case, such as the defendant's age, sex, intelligence and environment

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