(영문) 인천지방법원 2015.08.27 2015고단4513

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(영문) 인천지방법원 2015.08.27 2015고단4513

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 14, 2015, at around 21:40, the Defendant, at the residence of the victim D (the age of 46), who was a woman living together with the victim, who had a c apartment 513 Dong-gu, Incheon, Dong-gu, Incheon, 513 Dong-gu, 903, and had the victim have been able to have a warning because the her door is not closed properly, the Defendant her hume, and her hume the door, put his hand into the hums of the crime prevention, and caused the injury of the victim by means of suitable for the left face of the victim and making the victim take a hume and two hume hume, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the points agreed with the victim);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (determination of types of punishment) for habitual injury, repeated injury, and special injury [Special Convicted Persons] - The elements for mitigation of punishment [Determination of the area of recommendation] - The areas of mitigation of punishment [decision of the area of recommendation] mitigated (one year and six months to two years and six months] - The grounds for main reference - The grounds for main reference: The areas of not having positive or higher criminal records of the suspension of execution [decision of sentence] 1 year and six months of imprisonment, and the part of dismissing the prosecution for two years of suspension of execution;

1. Around July 14, 2015, around 09:30 on July 14, 2015, the Defendant: (a) committed assault on the victim’s face on several occasions; (b) the victim’s face was spited on several occasions; (c) the victim’s face was spited on three occasions; and (d) the victim’s face was frighted on three occasions by drinking.

2. The facts charged in this part of the judgment are not prosecuted against the victim’s explicit intent pursuant to Article 260(3) and (1) of the Criminal Act. The records are examined.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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