(영문) 대전지방법원 서산지원 2014.05.30 2014고단176

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자간(%)

(영문) 대전지방법원 서산지원 2014.05.30 2014고단176

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:20 on March 2, 2014, the Defendant asked the Victim F (hereinafter referred to as “D”) of E Co., Ltd. (hereinafter referred to as “D”) of E Co., Ltd. (hereinafter referred to as “D”) in the second floor of E Co., Ltd. (hereinafter referred to as “D”), where the Defendant took alcohol with the company fees, and asked the Victim F. (hereinafter referred to as “I.S. would be able to be able to promote,” and the victim asked the Victim “I.S. would be able to do so, if I would not have been able to do so,” only one broom, which is a dangerous object on the table, but only one broom, and one broom, was the victim’s head, thereby making it impossible for the Victim to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on investigation (Attachment of medical records of the victim F) and an emergency room;

1. Application of statutes on site photographs;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62(1) of the Criminal Act provides that the method of the instant crime for sentencing for the reason of suspended sentence is not less than the nature of the instant crime on account of the risk of the instant crime. However, the punishment shall be mitigated by taking into account the following factors: (a) the Defendant is in violation of the depth of the instant crime; (b) the Defendant does not want the Defendant’s punishment; (c) the victim does not want to be punished; (d) the degree of injury is not serious; (d) the Defendant is contingent; (c) the Defendant has no criminal record; (d) the Defendant’s age, occupation, and circumstances leading to the instant crime

It is so decided as per Disposition for the above reasons.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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