logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.02.12 2014고단2840
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and 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

[criminal power] On October 2, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Busan District Court on June 2, 2014, and the said judgment became final and conclusive on October 10, 2014.

【Criminal Facts】

Around 04:40 on August 17, 2014, the Defendant, at the Mapo-gu Seoul Metropolitan Government D clubs, was suffering from the victim E (the age of 24) and the shouldered, and was punished for a dispute, the Defendant inflicted bodily injury on the victim, i.e., the beer disease, which is a dangerous object, at approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A written diagnosis of injury;

1. Previous convictions: Criminal records, US records and results of confirmation, and application of Acts and subordinate statutes governing Busan District Court Decision 2014Kadan2839;

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. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the circumstances, etc. considered as the following reasons for sentencing):

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the facts that the defendant reflects his mistake and has no criminal record of violence beyond the fine, and the extent of the victim's injury is relatively heavy);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

arrow