(영문) 대구지방법원 안동지원 2014.10.10 2014고단493

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(영문) 대구지방법원 안동지원 2014.10.10 2014고단493

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

Defendant on April 9, 2014 01:10 on April 9, 201 Dodong-si C summary

Within the room 3 room, with the victim E (n, 42 years of age) who is an employee, the beer disease, which is a dangerous object while drinking alcohol without any reason, was faced with the victim, and the beer disease was broken off, and the head of the victim was faced with the wall, and the head of the victim caused two weeks of treatment, thereby causing injury to the victim, which is in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to a report on internal investigation and an investigation report (Submission of a medical certificate by 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : (a) the mitigated area (1 year and six months to six months) of habitual injury, repeated injury, and special injury (1 year and six months) (1 year and six months) (2 year and six months) (1 year and six months)) of the mitigated area (1 year and six months) (2 year and six months); (b) minor injury (2) the Defendant’s criminal liability cannot be deemed to be mitigated; (c) the Defendant appears to recognize his/her mistake and reflect his/her attitude; (d) the degree of damage is not limited to the Defendant; and (e) the Defendant has the history of fine on one occasion; and (e) the Defendant has the power to suspend the execution.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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