logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.01.09 2018고단3793
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 30, 2018, at the C parking lot located in Guri-si B around 17:25, the Defendant used the knife (21.5cm in total length, 9.5cm in knife length) of dangerous articles that the victim D (the age of 23) was kept in his/her own car on the ground that he/she would be bad, and used the knife in his/her hand the knife in his/her knife and knife in his/her knife, and used the knife twice in his/her knife at the same time as the knife knife knife knife knife.

2. On May 30, 2018, the Defendant: (a) driven a Hchip car without obtaining a driver’s license on May 30, 2018, from May 17:19, 2018, to “C” in front of the latter road of the “C” parking lot in front of the Guri-si E-si, and “G gas station” in F, to each road, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. Disqualifications of the main office;

1. Records of seizure, lists of seizure and reports on investigation (verification of the photographs of seized articles);

1. Application of CCTV-cape Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special violence), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, the selection of imprisonment with prison labor for the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes within the extent that the punishment is added up the maximum term of the crimes above two crimes, which are heavier than the punishment);

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] : The sentencing range compared with the sentencing range, which is based on the basic area (4 to 10 months) of category 6 (Cumulative Offense and Special Violence) (no special person) (4 to 10 months): The sentencing range according to the sentencing criteria for multiple crimes in April to 10: 4 months (the sentencing criteria are not set for other crimes) or 4 months (the sentencing criteria are set).

arrow