(영문) 수원지방법원 2014.11.07 2014고단5302

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(영문) 수원지방법원 2014.11.07 2014고단5302

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 00:30 on September 24, 2014, the Defendant found the victim D(the age of 49) at the home of the victim D(the age of 00:30, the Defendant, while drinking alcohol with the victim, called “A was the victim of the victim’s her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her.

As a result, the defendant carried dangerous objects and inflicted injury on the victim, such as the core of the right slurbing, the eurgical marrout of the eurgical marbrosis, etc. for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Seizure records;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning photographic images;

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. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. Reasons for the sentencing of Article 48(1) of the Confiscation Criminal Act [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodily Injury), the mitigation area (one year and six months through two years): Imprisonment with prison labor; two years of suspended sentence; three years of probation; probation, order to attend lecture; danger of the means of community service crime or the degree of damage; and the criminal defendant has the same criminal power, the necessity for the strict punishment of the defendant is recognized.

However, considering the fact that the defendant reflects the defendant, the fact that the victim is not subject to punishment by mutual consent with the victim, the punishment was determined by considering the age, character and behavior, environment, and circumstances after the crime.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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