(영문) 서울중앙지방법원 2016.04.22 2014고단7029

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(영문) 서울중앙지방법원 2016.04.22 2014고단7029

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2014, the Defendant insultingd the mother of the Victim E ( South and 56 years old) in the underground passage of subway No. 2 in Jung-gu Seoul, Jung-gu, Seoul, about August 15:30, 201.

As a dangerous object that he thought, the victim's left hand floor, ma, face was put on the top of the left hand floor where it is impossible to know the treatment period to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Seizure records;

1. Application of Acts and subordinate statutes to drone photographs and body photographs of the victim;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the punishment as set forth in the Disposition shall be determined by taking into account the following circumstances: (a) the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions of sentencing as shown in the pleadings of the instant case.

D. Unfavorable circumstances: The crime of this case is serious in light of the methods and methods of committing the crime by Raber with the face and hand of the victim, which is a dangerous object.

The victim did not agree with the victim or did not recover from damage (Provided, That the victim did not want punishment against the defendant on the face of the medical expenses, but did not have an opportunity to reach an agreement because the victim was unable to meet the victim on the wind of living in the old age, considering the circumstance that the victim did not have an opportunity to reach an agreement). Normal circumstances favorable: confession and reflect

Although the punishment of a fine has been imposed on two occasions by an act of violence in 1993 and 1996, it is the previous crime before 20 years, and there has been no record of crime thereafter.

The defendant is currently working in a long-standing old-age life and has been working as an employee on his own property.

참조조문

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