logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2016.02.16 2015고단1095
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 16, 2012, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law in the Chuncheon District Court's original state support, and completed the execution of the sentence in the original state prison on January 8, 2013.

On November 16, 2015, the Defendant, within the scope of “D” located in “C” in “C” in nuclear cities around 01:40 on November 16, 2015, while drinking with the victim E (50 years) and alcohol, fighting was conducted due to the drinking value, and fighting was conducted with beer and beer, which is a dangerous object, and went through a strong one time to the left part of the victim’s eye.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as “alleys of internal walls and walls,” which require approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Arrest report on the occurrence of a case, the scene of the case and the photograph of victims;

1. A medical certificate;

1. Investigation report (Investigation into telephone conversations between F parties to D business owners);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions of the disposition, and reporting on investigation (verification of repeated crimes, and attachment of criminal records and judgments, etc.);

1. Articles 258-2 and 257 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity mitigated are as follows: (a) the Defendant, who was suffering from the victim’s snow due to beer disease; (b) such behavior is very dangerous; and (c) the injury suffered by the victim is not easy.

In addition, the defendant has already been punished several times for the same crime, and the crime of this case was committed during the period of repeated crime due to the crime of this case.

However, the defendant reflects the wrong and agreed with the victim.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

arrow