(영문) 인천지방법원 2015.01.22 2014고단8348

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(영문) 인천지방법원 2015.01.22 2014고단8348

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 June 26, 2014, at around 01:00, the Defendant: (a) 606 of the “Del” in Bupyeong-gu Incheon Bupyeong-gu, Incheon; (b) took an examination on the Defendant’s family under the influence of the victim E, and caused the victim’s face at one time with the hand floor and continuously at one time with an empty disease, which is a dangerous object, when the victim’s right head was at one time.

As a result, the defendant injured the victim about about 14 days of treatment, such as the impairment of the character of the head of an unidentified part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Insignificant injuries in the mitigated area (one year and six months to two years and six months) (one year and six months) of subparagraph 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury) in the range of the recommended punishment according to the sentencing guidelines;

2. Determination of sentence of this case is that the crime of this case is not suitable in light of the risk, that is not agreed with the victim, under the circumstances unfavorable to the defendant, there is no particular criminal power, that the defendant has divided and reflected, that the degree of damage seems to be significant, considering the circumstances favorable to the defendant. It is so decided as per Disposition in consideration of various circumstances, including the defendant's age, character and behavior, environment, and circumstances after the crime, and other various circumstances, which are conditions for sentencing as shown in the records and arguments.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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