(영문) 수원지방법원 2015.02.04 2014고단6263

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(영문) 수원지방법원 2015.02.04 2014고단6263

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On March 28, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Suwon District Court on October, 201, and is currently under probation after the judgment became final and conclusive on April 5, 2014.

【Criminal Facts】

1. Around October 9, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) expressed the same attitude as the victim, who had a dispute with the victim E, who was a partner of the same company, was under the influence of drinking with the victim E, who was in the same company, and was under the dispute with the victim.

2. Violation of the Punishment of Violences, etc. Act (a group., injury by deadly weapons, etc.) (a group) is a death, who entered the table with the victim E in the middle of a dispute with the victim E at the same time before the above main point;

In line with Byung, the body of the victim was broken, the victim was broken, and the victim's back was flicked by flick, and the victim's back was flicked by pulverging the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. A written statement;

1. Application of the Acts and subordinate statutes to the victim photographs and the photograph of the criminal suspect;

1. Relevant legal provisions concerning the crime: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant, while making a dispute with the victim, has not been committed during the period of suspension of execution due to the same kind of crime, he/she sustained an injury with a dangerous object.

However, the fact that only the victim has agreed with the victim after the crime, and the victim shall be the victim.

참조조문

-폭력행위 등 처벌에 관한 법률

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항