(영문) 서울중앙지방법원 2015.04.14 2014고단8419

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(영문) 서울중앙지방법원 2015.04.14 2014고단8419

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

Criminal facts

On August 1, 2014, at around 23:58, the Defendant: (a) was off and danced from the 1st basement of Seocho-gu Seoul Seocho-gu Seoul High Ground D, and was removed from his employee E (35 years old); (b) was frighted from the above 20 minutes back to the above 35th place of business; (c) was frighted from the 20th back to the 20th back of the 20th back of the 20th back of the 20th back of the 20th back of the 20th back of the 20th back of the 20th back of the 20th back of the 20th back of the 20th back of the 20th back of the 20th back of the 20th back of the 20th back of the 14th back of the 14th back of the 14th back of the 14th back of the 2nd back of the 3rd off.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal investigation (Submission of a medical certificate of injury to a victim);

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(1) of the Social Service Order Criminal Act is that the Defendant was unable to reach an agreement with the victim even until now, and is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is often divided into and reflected in his mistake, and the defendant seems to have committed a contingent crime under the influence of alcohol, and the degree of injury of the victim and the fact that the degree of injury of the victim is not severe is favorable to the defendant.

In addition, in full view of the motive, means, and results of the instant crime, various conditions of sentencing, such as the circumstances after the instant crime, the defendant's age, character and conduct, intelligence and environment, and criminal record and pleading, were determined as identical to the order.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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