(영문) 서울남부지방법원 2015.11.18 2015고단4088

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(영문) 서울남부지방법원 2015.11.18 2015고단4088

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 September 13:55, 2015, the Defendant assessed the victim’s head due to beer’s disease, which is a dangerous object on the table, on the ground that the victim E (here, 39 years of age) who is an employee of Guro-gu Seoul Metropolitan Government is not friendly against the victim E (here, her employee).

As a result, the defendant carried dangerous articles and inflicted bodily injury on the victim, such as the number of days of treatment in an influence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes, such as the scene of crime and photographs of the victim's injury;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The conditions favorable to the following reasons for sentencing):

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. One year and six months from June to two years from the date of imprisonment on the sentencing guidelines (the group of violent crimes, habitual injury, repeated crime injury, special injury, Type 1 (Habitual injury, Bodily Injury, Bodily Injury and Bodily Injury) and the area of mitigation (the area of mitigation of punishment is not subject to punishment);

2. Determination of sentence shall be made in the same manner as the order, in consideration of the fact that the defendant in the decision of sentence commits any contingent crime, the degree of injury is not severe, the defendant misleads the defendant, and repents the defendant, the defendant does not have any criminal record of suspension of execution or more, in addition to the criminal record of suspension of execution resulting from the crime of interference with business in the past, and the victim does not want the punishment of the defendant

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

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