(영문) 서울북부지방법원 2014.06.26 2012고단161

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(영문) 서울북부지방법원 2014.06.26 2012고단161

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 December 20, 2011, at around 02:10, the Defendant heard the decoration of “E” operated by the victim D (39 years of age) located on the second floor of Dongdaemun-gu Seoul Building C, which read “Is why Is and Is and Is and Is and Is and s and s and s and s and s and s and s and s and s and s and s and s and s and s and s and s and s and s and s and ss and s and s and s and s and s and s and s and s and s and s and s and s) from the victim known for about 10 years, the Defendant s and s and s and s and s and s and s and s and s and s and s and s and s and s and s and s and ss and s and s.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes, such as photographs of injury;

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 57 of the Criminal Act including days of pre-trial detention;

1. A suspended sentence of imprisonment shall be sentenced in consideration of the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act (refluence of the favorable circumstances among the reasons for sentencing as follows) is that the victim’s scambling is a criminal act with a 10cc teared heat, and the means and method of the crime are dangerous, and its consequences are less likely; (b) the victim has agreed with the victim and divided the crime; (c) the victim has no particular history of punishment except the punishment for a drunk driving; (d) the crime committed by the drunkly; (e) the crime committed during the period of detention is deemed to have an opportunity to reflect the victim during the period of detention; and (e) the defendant’s age, occupation, relationship with the victim, etc.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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