(영문) 인천지방법원 2016.04.07 2011고단6011 (1)

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(영문) 인천지방법원 2016.04.07 2011고단6011 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2011, at around 01:30, the Defendant exercised violence, such as when the head of the Defendant was faced by the victim D (35 aged) this alcohol disease from the second floor of the building Nam-gu Incheon Metropolitan City building C, and caused injury to the victim, such as open blue part of the victim's blue part of the victim's blue blue blue, which was a dangerous object, one time in response to this accident, to prevent the victim from suffering from the injury. This led to the victim's blue blue part of the victim's blue part of the victim's blue blue part of the victim's blue part of the victim's face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. With respect to special injuries to which the sentencing criteria are applied, no sentencing criteria are set;

2. The crime of this case, which was sentenced to sentence, should be punished strictly because the defendant gets off the victim as a dangerous person, and caused injury to the victim due to bad character of the crime. However, the defendant shows his attitude to recognize and reflect his mistake, the victim first appeared to have committed the crime of this case, and thereby, there are aspects that the crime of this case was caused, and other factors such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., are considered as a whole, and the punishment is determined as ordered.

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