logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.10.02 2014고단3284
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

On May 24, 2014, at around 02:10 on May 24, 2014, the Defendant, while drinking alcohol with the victim E (the age of 43) and the Plaintiff, had the beer disease, which is a dangerous object, taken the victim’s face, cut off about 20 meters of the left part of the victim’s eye, and put the beer in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. A written statement;

1. Application of Acts and subordinate statutes to each internal investigation report (related to field photographs and images of the upper parts of the body, and failure to attach a death diagnosis report);

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case of minor injury, minor injury (including efforts to recover damage) or failure to punish (including serious efforts to recover damage) or considerable damage in the area of special mitigation (nine to two months and six months) (special mitigation), the sentence shall be determined as ordered in consideration of all the factors of sentencing including the following two factors: (a) the defendant caused the instant crime; (b) the background leading up to the instant crime; (c) the degree of injury to the victim; (d) the defendant was smoothly agreed with the victim; (d) the defendant is against the mistake; and (e) the defendant has no criminal record of a suspended sentence or more; and (e) the defendant has no criminal record of a suspended sentence.

arrow