(영문) 의정부지방법원 2015.02.03 2014고단3724

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(영문) 의정부지방법원 2015.02.03 2014고단3724

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

Reasons

Punishment of the crime

On August 2, 2014, at around 10:30 on August 2, 2014, the Defendant: (a) brought about a dispute between the victim E (the age of 63) and the real estate transaction, and brought about a face of metal material, which is a dangerous object used by the Defendant, and brought about about about about 14-day treatment to the victim by considering the face part of the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to damaged photographs and criminal implements photographs;

1. Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act concerning criminal facts [In light of the evidence duly adopted and examined by the court, it is acknowledged that the defendant prices the victim's head at the upper part of the wooden material, with the upper part of the wooden material that the defendant saw with the upper part of the wooden material, with the upper part of the wooden material cut, and with the winter, and it is recognized that the victim, as well as the third party was likely to cause harm to life or body, it is reasonable to view that the defendant's act of pricing the defendant's face by means of a wooden material as stated in the judgment of the court is a crime committed by carrying the "hazardous material"]

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] There is no basic area (2 to 4 years) (2 to 4 years) of the first category (2 to 4 years) of habitual injury, repeated injury, and special injury (a habitual injury, repeated injury, and special injury) (a decision of sentence] (a decision of sentence] the degree of the injured party’s wife at the defendant’s price, and the defendant’s act is deemed dangerous and the attitude of action is not good.

In light of the fact that there is no agreement with the victim yet, there is sufficient need to punish the defendant strictly, but there is no same criminal power for the defendant, and only one million won for the victim.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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