logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2014.03.14 2013고단449
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That 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 09:30 on July 21, 2013, the Defendant, in a vinyl field located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, a vinyl, was released from D, the head of the working party, who was the head of the working party, and was able to d and sprink up, and d and sprinked for a bath by breaking the water d and sprink. The victim E (ma, 40 years of age) in the side was prevented from the Defendant, but was in the vicinity of the Defendant, but was 120cm in length.

As such, the Defendant: (a) taken the victim’s face twice by drinking, and took the hack pipe cited by the victim, and took the victim’s face back to the left side of the victim and took one time a part of the victim’s right shoulder; (b) suffered injury to the victim, such as an open room for treatment for about three weeks, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of each description of the injury diagnosis certificate, victim photograph, or video statute;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of penalty: Imprisonment with prison labor for not less than one year and six months to 15 years (Discretionary mitigation);

2. The sentencing guidelines [Determination of types] the group of violent crimes, the group of repeated injury, the group of special injury by repeated injury (the scope of recommending punishment): Reduction area: Imprisonment with prison labor for a year and six months from June to June, and special mitigation factors: None of the special aggravation factors:

3. Determination of sentence: Imprisonment with prison labor for one and half years; and

4. Whether or not a suspended sentence is positive for two years (major reasons for a suspended sentence): The decision in this case is made in addition to the major reasons for a suspended sentence and the reasons for general participation as seen earlier (comprehensive comparative assessment). In addition, the decision in this case does not contain a substantial responsibility for the victim, there is no history of criminal punishment, and the crime of carrying dangerous articles [general reasons for a suspended sentence].

arrow