(영문) 서울남부지방법원 2015.04.28 2014고단2936 (1)

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자간(%)

(영문) 서울남부지방법원 2015.04.28 2014고단2936 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

Around 04:00 on January 29, 2014, the Defendant, along with C, D, and E, drinked alcohol at the “G” restaurant of F 1st floor in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, the Defendant: (a) Had the victim H was seated by the next table; (b) C was able to gather both beliefs on the table of the table; (c) the victim was frighted to the victim; (d) the victim was frighted to the beer; (e) the victim was fright to the beer; (e) the victim was fright to the beer; (e) the victim was fright to the head of the victim; and (e) the victim was fright to the escape of the dangerous article; and (e) the victim was frightd by drinking the victim at one time; and (e) the victim was frightd by having the head of the dangerous article.

As a result, the Defendant carried dangerous objects with C, D, and E, and carried them with a victim for approximately two weeks of medical treatment.

Summary of Evidence

1. Protocol of examination of the witness H as to the witness;

1. Police suspect interrogation protocol of the defendant (including H part of the statement);

1. Each police suspect interrogation protocol of C, D, or E (including H part of the statement);

1. Each police statement made to H and J;

1. Application of Acts and subordinate statutes to a medical certificate of injury, or photograph of injured part of the victim;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 257 (1) and 30 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] [Article 53 and Article 55(1)3 of the Criminal Act / [the scope of punishment / [the scope of punishment ] No person who has no basic area (two to four years) (two years) of habitual injury, repeated injury, and special injury (special injury / [the decision of sentence] / The degree of punishment is very dangerous and the degree of injury is not provided for in the Criminal Code / The defendant's act appears to be the main reason of the occurrence of injury, and the agreement or the act of the defendant does not make efforts for the repayment of injury. The sentence is sentenced in light of the fact that there is no power to commit a crime in Korea, the degree of punishment of accomplices

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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