logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2016.06.10 2013고단374
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On October 14, 2008, the Defendant was sentenced to four months of imprisonment with prison labor, one year of imprisonment with prison labor, and eight months of violation of the Narcotics Control Act by the Cheongju District Court on the ground of a violation of the Game Industry Promotion Act, and the execution of the sentence was completed in the lawsuit of the first intersection of the North Korean Northern District Court on March 20, 2010.

[2] On March 9, 2013, at around 00:05, the Defendant: (a) performed drinking together with the Defendant’s wife and the Victim F (43) on March 9, 2013; (b) on the ground that the Defendant was under the influence of alcohol, and was under the influence of the Defendant’s wife, and was under the influence of the Defendant’s wife, and was under the influence of the Defendant’s wife, and was under the influence of the Defendant’s head on the table, one time the victim was under the influence of alcohol, and was under the influence of the Defendant’s body, which was a dangerous object on the table, and led the victim to approximately three weeks of treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to F;

1. A photograph of damage and a diagnosis report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status, and Acts and subordinate statutes, such as a report on criminal history;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. As to the defense counsel’s assertion of aggravated repeated crime Article 35 of the Criminal Act, the defense counsel at the time when the defendant committed the instant crime was in a state of mental and physical weakness by drinking alcohol.

The argument is asserted.

However, in full view of all the circumstances, including the background and mode of the instant crime, the Defendant’s act before and after the instant crime, etc., the Defendant had weak ability to discern things or make decisions at the time of the instant crime.

does not appear.

Therefore, the defense counsel's assertion is not accepted.

The circumstances unfavorable to the reason for sentencing: The defendant has committed the instant crime in light of the method, price level, and degree of injury of the instant crime, the defendant committed the instant crime during the period of repeated crimes, and criminal punishment.

arrow