logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.11.11 2014고단1561
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for 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 January 31, 2014, at around 15:00, the Defendant, while making a game in D “D” located in the Seo-gu Busan Metropolitan City (U.S.) and returned money to E (S.) who was his employee, and did not receive money such as being called out by the police officer.

At around 23:35 on the same day, the Defendant used excessive (10cm in length and 19cm in total in length) that is a dangerous object between preparation and preparation as his hand before the F convenience store in the vicinity of the above entertainment room, and got off the part of the victim’s knife with the above excessive loss.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Sentencing Criteria [Determination of Punishment] Crimes, Types 6 (Habitual Assaults Special Assaults), the basic area [the scope of the sentence for recommendations] (the scope of the sentence for recommendations] to 10 months;

2. Although the nature of the instant crime committed by assaulting the victim with excessive decision making of sentence is inferior, considering favorable circumstances such as the occurrence of injury to the victim and the absence of any record of punishment exceeding the fine due to the same kind of crime, the punishment shall be determined by comprehensively taking into account the motive and background of the instant crime, the age, character and conduct, environment, etc. of the Defendant.

arrow