(영문) 서울중앙지방법원 2014.10.16 2014고단4901 (1)

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(영문) 서울중앙지방법원 2014.10.16 2014고단4901 (1)

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 February 25, 2014, at around 12:05, the Defendant, while drinking alcohol, such as 25 years of age, was in the D restaurant located in Gangnam-gu Seoul Metropolitan Government, and the Defendant, while taking the horse dispute with the victim E (the 25 years of age), was scambling the victim's head debt and was scamed towards the victim, and was scamed with the victim's face, and caused about 14 days in the face where treatment is required for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused and E;

1. A report on investigation;

1. Copies of medical records; and

1. A written statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 of the Social Service Order Criminal Act [Scope of Recommendation] Where the area of mitigation (1 year and six months to six months), the area of mitigation (1 year and six months), the area of mitigation (1 year and six months to six months), the degree of injury suffered by the victim (including a serious effort to recover damage), or considerable damage (2 years and six months), is not provided for in Article 62-2 of the same Act, the execution of imprisonment with prison labor shall be postponed, taking into account the fact that the defendant has no record of punishment, the fact that the defendant has agreed with the victim, and the defendant's age, etc., has no record of punishment, but the execution of imprisonment with prison labor shall be suspended, but community service shall be

It is so decided as per Disposition for the above reasons.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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