(영문) 의정부지방법원 2014.09.18 2014고단2605

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(영문) 의정부지방법원 2014.09.18 2014고단2605

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On May 25, 2014, around 00:10 on May 25, 2014, the Defendant drinked D elementary school windows and alcohols at the house hall located in Pyeongtaek-gun C, and spawned with the Defendant and Si expenses, and spawned the transition (10cm in the blade length) which is a dangerous object to E, a dynamics who had been punished by the Defendant, and spawned from the victim F (45 years of age). The Defendant dnicked the victim’s side knife of the knife of the treatment days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E, G, H, and F;

1. Application of Acts and subordinate statutes governing evidence photographs;

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 Probation Criminal Act [Scope of Recommendation] The following positive circumstances are negative: (a) the mitigation area (type 1 (type 6 months to 2 months) of habitual injury, repeated injury, special injury (type 1), the mitigation area (type 1 to 2 months) [Special Mitigation] [decision of sentence] imprisonment with prison labor; (b) two years of suspended sentence; (c) three years of suspended sentence; and (d) the sentencing person prior to probation has the record of being punished by a fine even before the instant case; and (b) the fact that the Defendant had no record of being punished by a fine exceeding a fine for an injury on three occasions in 204, 206, 2011; and (c) the fact that there is no record of being punished by a fine exceeding a fine for an injury; and (d) the perception of his mistake and perception of his depth; and (e) the arguments of this case and various conditions

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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