(영문) 대전지방법원 서산지원 2015.01.22 2014고단944

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자간(%)

(영문) 대전지방법원 서산지원 2015.01.22 2014고단944

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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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 became final and conclusive.

Reasons

Punishment of the crime

On July 13, 2014, the Defendant found the victim E (the age of 27) who was under the influence of alcohol in Seosan City C, 101 Dong 204, and was under the influence of alcohol at D’s accommodation, and said that “I will die without death,” and the Defendant’s knife F, a deadly weapon (the total length of 30cm) holding the Defendant’s knife, who was under the influence of the Defendant’s knife and was under the influence of the Defendant’s knife F, thereby threateninging the Defendant’s knife knife the Defendant’s knife that knife F.

Accordingly, the defendant carried a knife, which is a deadly weapon, and carried the victim's knife wound with treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of on-site photographs and Acts and subordinate statutes governing injuries;

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. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act is to be determined in full view of the following factors: (a) the mitigation area (one year and six months to two years), the mitigation area (including a person who is subject to special mitigation), the punishment not (including a serious effort to recover damage), or a considerable partial damage (a decision of sentencing was dangerous; (b) the method of the criminal act was dangerous; (c) the sentence of this case was smoothly agreed with the victim; and (d) the various sentencing conditions specified in the records and arguments of this case shall be determined in the same sentence

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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