(영문) 서울동부지방법원 2012.12.27 2012고단2860

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(영문) 서울동부지방법원 2012.12.27 2012고단2860

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

Reasons

Punishment of the crime

At around 20:50 on October 19, 2012, the Defendant, at the Gangdong-gu Seoul Metropolitan Government Hop Cluster on the part of the victim D(59 years of age) and alcohol without any justifiable reason, intending to flick the victim, and flicked the victim, and flicked down, which is a dangerous object that was a tabled, flicker(20cm in length). On the part of the victim, the Defendant flicked the part next to the right side of the victim once, and flicked the victim on the inside side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of the respective Acts and subordinate statutes of D and E;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order committed the instant crime again even though the Defendant was punished by a fine on several occasions for the same kind of crime, and deposited KRW 100,000 for the victim, but did not receive a letter from the victim.

However, the defendant and the victim ("self-help group") completed the above gathering and drinking together on the day of the crime of this case at the time of the crime of this case, they are sentenced as ordered by the order by taking into account all the circumstances, such as the fact that the crime of this case was committed in the course of the crime of this case, the victim's damage does not seem to have been serious, the defendant was punished, but there was no record of the suspension of qualification or higher punishment, the defendant is responsible for the livelihood of his family, the defendant is responsible for the livelihood of his family, the defendant's mistake is divided, the defendant's age, character and behavior, environment, family relationship, occupation, etc.

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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