(영문) 서울북부지방법원 2015.10.14 2015고단2821

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(영문) 서울북부지방법원 2015.10.14 2015고단2821

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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 of the final judgment.

Reasons

Punishment of the crime

On July 17, 2015, at around 20:17, the Defendant took the part of the victim and the victim, etc. with a nib (a total 25 cm) which is a dangerous thing that the Defendant had been located in the 1st floor of the Jung-gu Seoul Metropolitan Government C building, on the ground that the Defendant got a play from the victim E (the age of 32). Around July 17, 2015, the Defendant took part of the victim’s neck, with the victim’s vehicle in the said building parking lot along with the victim, and had a dispute with the victim, and she strokes, strokes, strokes, strokes, strokes, strokes, strokes, and strokes, strokes, strokes, and strokes, strokes, at the same time.

As a result, the defendant carried dangerous things and carried the victim's injury, such as the days of treatment, was examined.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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 under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] The criminal liability of a defendant is not easy considering the following: (a) the type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigation area (1 year and six months to six months), the mitigation area (including efforts to recover damage), the punishment or non-influence (including serious efforts to recover damage): the sentencing range and the recommended sentencing range: (b) January and two years and six months (decision of sentence] from 186 to 26 months (decision of sentence]; (c) the Defendant committed an injury to a victim by snick Bafing the victim; (d) the Defendant has violent power; and (e) one of them has been punished for

However, the defendant's mistake when committing the crime of this case was committed, and the defendant is able to do so with the victim.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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