(영문) 부산지방법원 2015.12.09 2015고단6006

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.12.09 2015고단6006

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

At around 06:45 on August 23, 2015, the Defendant, within the main point of “D” located in the Busan Sogugu Office C, was suffering from a disturbance for the service, and the Defendant inflicted an injury upon the victim, carrying dangerous things, such as the victim E (the age of 31)’s hair knife by hand, making the victim’s face knife by drinking knife, and making the knife part of the victim’s head knife, and having the knife of dangerous things, having the victim’s left knife, having the victim’s head knife, having the victim’s head knife, and having the kn

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of statutes, such as photographs on damage;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The type 1 (Habitual Injury, Bodily Injury, Bodily Injury, Special Bodily Injury) shall be mitigated (1 year and June 6) (1 year and June 2) [1 year and June 6] mitigation of punishment (a person who has been specially punished], and the crime of this case is deemed to have committed an injury to the victim by carrying beer disease, which is a dangerous article as above, and the crime is serious.

However, in light of all the circumstances that are against the defendant, such as the fact that the defendant is against the defendant, the fact that the victim does not want the punishment of the defendant, the degree of injury seems not to be severe, the fact that there are no criminal records of the same kind and suspended execution or more, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

-춘천지방법원 원주지원 2015.03.17 2014고단1117

-인천지방법원 2014.11.25 2014고단7795

-서울동부지방법원 2015.09.10 2014고단1854

-창원지방법원 거창지원 2015.02.04 2014고단357

-인천지방법원 2015.08.25 2015고단4384