logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2016.01.13 2015고단697
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On April 12, 2015, the Defendant: (a) destroyed a copy of the glass window equivalent to KRW 50,000,00 in the market price, by setting up the entrance door, on the ground that the Defendant, around 02:30 on April 12, 2015, would act as a usual victim D (18:3) in the residence of the victim D (18:30).

2. The Defendant infringed upon a residence at the time and place described in paragraph 1, such as the entry in paragraph 1, shouldered the entrance glass, and intruded the victim’s residence into the victim D’s room.

3. Around 02:30 on April 12, 2015, the Defendant: (a) walked from the victim’s residence specified in paragraph (1) to the front of F in Kacheon-si E from the victim’s D (18:30; and (b) was inflicted an injury on the victim, i.e., cutting the victim’s abund with stones, which are dangerous objects on the victim’s face, arms, etc., once from the victim’s face, arms, etc. due to drinking and so on; and (c) took one time the part of the victim’s abundance, etc. on the part of the victim’s abundance, etc

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Investigation report (victim of damage and on-site photographs);

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

1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act of the choice of punishment (the point of damage to property, the choice of imprisonment), Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Articles 1 (2), 258-2 (1) and 257 (1) of the Criminal Act (the point of inflicting harm on carrying dangerous articles);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of sentence recommended according to the sentencing criteria;

(a) The crime of destroying property [the types of decisions] that there is no element for special sentencing [the scope of recommended punishment] shall be sentenced to imprisonment for not less than four months but not more than ten months;

(b) At least four months of imprisonment with labor as a result of handling multiple crimes;

2. The crime of this case committed by the Defendant, on the ground that the Defendant did not look at the victim’s house because he did not live in the same net, prevent the occurrence of the victim, leaving the victim’s house for about one hour after leaving the house, and asking the victim several times during the process.

arrow