(영문) 창원지방법원 진주지원 2015.10.20 2015고단647

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(영문) 창원지방법원 진주지원 2015.10.20 2015고단647

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

except that 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 June 24, 2015, the Defendant: (a) around 23:30 on June 24, 2015, while drinking with the victim E (the age of 36) and drinking in the D special room located in Sacheon-si, Sacheon-si; (b) was under the influence of alcohol, and (c) caused two injury to the victim in need of medical treatment for about 10 days due to an empty beer disease, which is a dangerous object on the table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The range of the recommended sentences according to the sentencing guidelines [decision of types] the range of the recommended sentences [the range of punishment] shall be limited to the category 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Bodily Injury] (the range of recommending sentences] the penalty not to be imposed (the factors to be mitigated] (the range of recommending sentences] from June to June 2;

2. In light of the fact that the crime of this case by which the defendant was sentenced was committed with dangerous things by beer and beer and the type of the act was dangerous, the defendant's liability for the crime of this case is not minor.

However, in full view of the following factors: (a) the Defendant was committed in the course of committing the instant crime; (b) the degree of injury suffered by the victim is not serious; (c) the victim does not wish to punish the Defendant; (d) there was no record of punishment exceeding the same kind of power or fine; and (e) other various circumstances, such as the motive, means and result of the crime; (b) the Defendant’s age, environment, criminal record, family relation, and circumstances after the crime, etc., the

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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