(영문) 수원지방법원 안산지원 2015.11.24 2015고단2884

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2015.11.24 2015고단2884

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

At around 17:20 on September 28, 2015, the Defendant: (a) saw the victim D to purchase alcoholic beverages in the “E discount set” operated by the victim D in Silung-si, Silung-si; (b) paid the victim with a set of money to the calculation unit where the victim was seated; and (c) thought that the victim would be able to contain a bag and pay the cash to the calculation unit where the victim was seated; and (d) thought that the victim would be able to respond to the Defendant’s lusure with the Defendant’s lusium, one time the victim’s head was flus of the victim’s disease.

Therefore, the defendant injured the victim by opening the head part requiring treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Notification to a department related to 112 Incident Report;

1. A written diagnosis of injury;

1. Application of evidence, photographs, etc. and Acts and subordinate statutes on damage photographs;

1. The reason for the sentencing of Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act / [the scope of recommendation] the basic area (2-4 years) of the first type (2-year) (2-year) of habitual injury, repeated injury, special injury [3] of the Act on the Punishment of Violences, etc. concerning the crime of this case / [3] The crime of this case is deemed to inflict an injury on the victim by taking the head of the victim due to his own disease, thereby causing an injury to the victim. The crime of this case is not appropriate. The victim suffered an injury due to the crime of this case. The damage was likely to have a result of an serious injury, which is not agreed with the victim, and in light of the fact that the damage of the victim was not recovered.

However, there are all kinds of cases such as the defendant's age, character and behavior, environment, and circumstances before and after the crime, etc., which are the fact that the defendant committed the crime in this case under the influence of alcohol and that it is not the victim's serious injury.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

-형법 제257조 제1항

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