(영문) 대전지방법원 서산지원 2015.03.05 2014고단1152

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(영문) 대전지방법원 서산지원 2015.03.05 2014고단1152

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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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

On November 10, 2014, the Defendant: (a) 23:20, Seosan-si Ctel 702, when drinking alcohol together with the victim E (at 29 years of age); (b) had a hand wall on the left floor of the Defendant’s left part of the hand floor, as if he were bucked on the victim’s left part of the body of the knick; (c) had the victim blicked, unfolded, and left part of the Defendant’s shoulder on the part of the knick; and (d) had the knick of the Defendant’s shoulder on the part of the knick; and (d) had the knick, which is a dangerous object at the place of the knish, left part of the Defendant’s shoulder; (d) had the victim’s head and head of the knick, head of the knick, head of the knick, and knick the victim’s body and the knick.

As a result, the Defendant inflicted bodily injury on the victim, such as brain salvin, salvin, salvin, etc. that require treatment for about 20 days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. Photographs;

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

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 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (2 to 4 years) of category 1 (2 to 2) (2 to 4 years) of habitual injury, repeated injury, and special injury (2 to 4 years) [decision of sentence] of the basic area (2 to 4 years] of the victim’s head, and the method of committing the crime was dangerous by the defendant getting the victim’s head back to the victim’s head. The fact that the defendant did not reach an agreement with the victim was disadvantageous to the defendant. The defendant was the first offender, and the defendant was friened to drink alcohol with the victim, and made an appraisal, and led to the crime of this case. The defendant committed the crime of this case.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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