logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2015.12.16 2015고단890
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

1. Around 00:20 on May 1, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) brought a person whose name is unknown at D main points in Yong-gu, Gyeong-si, Gyeong-nam, who was under the influence of alcohol, and the manufacturer, who was a dangerous object in his/her place, was fighting with the victim E (the victim e.g., South and 53 years old) without any special reason while fighting, followed the victim by raising about three weeks of face face of the victim on one occasion by drinking.

2. On May 1, 2015, at around 00:50, the Defendant, at the central police station located in Dong-dong 170, Dong-dong, Dong-dong, 170, assaulted the victim by taking the back part of the victim’s title one time by his hand, who tried the victim to enter the said police box, while explaining the circumstances of the instant case to the police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each written diagnosis and application for carbon;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Violences, Article 257 (1) and Article 260 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines: The range of the final sentence according to the aggravated punishment for multiple crimes that have no basic area (two to four years) (the scope of the recommended punishment) of Type 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Injury) (two to four years) (the scope of the recommended punishment) (the scope of the person who is a special person) (the scope of the recommendation punishment) of Category 1 (General Violence) and the basic area (two to ten months) of the crimes of violence (the person who is not a special person) (the scope of the recommendation punishment): Two to four years;

2. Determination of sentence - Unfavorable circumstances:

arrow