(영문) 수원지방법원 2015.01.28 2014고단6115

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(영문) 수원지방법원 2015.01.28 2014고단6115

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendants shall be punished by imprisonment for one year and six months.

However, as to the Defendants for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 20:50 on October 26, 2014, the Defendants were considered to have taken the face of the victim due to drinking and salivation while the Defendants were working in the F restaurant located in Suwon-si E, Suwon-si.

In this regard, Defendant A took part in it, and Defendant A got the victim of a knee and knee, took the victim's face, side knee, etc. with the victim's face, side knee, etc., and Defendant B took part of the victim's head one time with bee and kneer's face, body, etc. due to drinking and feling.

In this way, the Defendants, in collusion with the names of the poor and carried dangerous articles, and caused injury to the victim, such as scams, if it is necessary to treat the victim for about two weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Each prosecutor and police suspect interrogation protocol against the Defendants

1. A protocol of suspect examination of G police officers;

1. Each photograph (the number of evidence Nos. 3-2, 8, 10-1);

1. The CD;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and diagnostic certificate;

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Articles 257 (1) and 30 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants in a suspended sentence: The reasons for sentencing under Article 62(1) of the Criminal Act - [Type ] The grounds for sentencing under Article 62(1) of the Criminal Act - Class 1 [Class 1] the special injury resulting from violent crime group - the mitigated elements of punishment [the scope of the territory and recommendation] - the mitigated elements of imprisonment from 1 year and 6 months to 2 years and 6 months [the general person] mitigated elements of punishment - there is no record of criminal punishment - 3 years of the suspended sentence of 1 year and 6 months [the decision of sentence] - The above sentencing person and the degree

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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