(영문) 서울남부지방법원 2015.11.18 2015고단3902

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(영문) 서울남부지방법원 2015.11.18 2015고단3902

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 June 14, 2015, the Defendant: (a) around 22:15, at a “D” restaurant located in Guro-gu Seoul Metropolitan Government, and (b) while drinking alcohol with the victim E (the victim E (the age of 42) who was frighting, the Defendant: (c) got off the victim’s fright, which is a dangerous object on the table; and (d) got off the victim’s frighting disease; and (e) caused the victim to tear about 10 cent of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. On-site and photographs of damage;

1. Application of Acts and subordinate statutes of the violence field 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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The conditions favorable to the following reasons for sentencing):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One year and six months from June to two years from the date of imprisonment on the sentencing guidelines (the group of violent crimes, habitual injury, repeated crime injury, special injury, Type 1 (Habitual injury, Bodily Injury, Bodily Injury and Bodily Injury) and the area of mitigation (the area of mitigation of punishment is not subject to punishment);

2. The sentence shall be determined like the order, in consideration of the fact that the defendant in the decision of sentence is a criminal act which has been committed by contingency while drinking together with the victim, the degree of injury is not severe, the defendant repents his mistake, the defendant does not have any criminal record of past stay of execution or more, and the victim does not want the punishment of the defendant by agreement with the victim;

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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