(영문) 인천지방법원 2015.01.28 2014고단9191

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(영문) 인천지방법원 2015.01.28 2014고단9191

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 November 29, 2014, around 02:02:02, the Defendant: (a) in a chiller restaurant in Nam-gu Incheon Metropolitan City, and (b) in this case, the victim D (the age of 32) attached his body to the ship that the Defendant had a cream dispute with the ship, and (c) turned into the ship.

Accordingly, the Defendant got out of the restaurant by driving away the victim out of the restaurant, and then taken out the beer's disease, which is a dangerous object located in the beer in front of the restaurant, and caused the victim's head to get out of the restaurant, and caused the victim's head to tear the horse and the purified part.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to on-site photographs and photographs damaged by victims;

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 for probation and community service;

1. Sentence I (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury) (1 year and six months to two years) (1 year and six months) of the mitigation area (1 year and six months to six months), shall not be punished within the scope of the recommended sentence;

2. Determination of sentence: (a) the instant crime was committed under the unfavorable circumstances, such as the nature of the relevant crime as is bad and having the same criminal history; (b) on the other hand, the said special mitigation and reflector; (c) appears to have committed contingent crimes while drinking; and (d) other factors of sentencing, such as the Defendant’s age, character and conduct, and environment, shall be determined by taking into account various factors of sentencing

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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