(영문) 청주지방법원 2015.12.24 2015고단319

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Reasons

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자간(%)

(영문) 청주지방법원 2015.12.24 2015고단319

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 January 29, 2015, at around 00:30, the Defendant: (a) under the influence of alcohol, expressed the victim C (23 years of age) who is an employee of the said main station “E” at “E” store located in Cheongju-si, Cheongju-si; (b) placed an additional order for beer; (c) heard the horses from the victim that the proprietor would no longer be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be d

Accordingly, the defendant carried dangerous articles with the victim about five weeks of medical treatment, and put the body of the 5th left side of the victim, which is in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to the head of a complaint and an injury diagnosis report;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation and community service businesses under Article 62-2 of the Criminal Act;

1. Reasons for sentencing (where the existence or extent of liability for damages is recognized by an agreement with an applicant for compensation) under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Dismissal, etc. of Application for Compensation Orders;

1. Where the mitigated area (one year and six months through two years and six months), the mitigated area (including specially mitigated persons), the penal penalty (including serious efforts to recover damage), or considerable damage has been recovered according to the sentencing guidelines, falling under the category of recommendation [the scope of recommendation], the repeated injury, the repeated crime, and the special injury (Habitual injury, the repeated injury, the repeated crime and the special injury) on the basis of the sentencing guidelines;

2. The crime of this case in which the sentence of sentence was determined.

참조조문

-소송촉진 등에 관한 특례법 제25조 제3항 제3호

-소송촉진 등에 관한 특례법 제32조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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