logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.11.09 2015고단2068
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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

Around 13:00 on April 28, 2015, the Defendant: (a) performed drinking together with the above B and the victim C (year 41) in the river site set up on the river site under the “Cheongpyeong-gun,” located in the Cheongpyeong-gun, Bupyeong-gu, Pyeongtaek-si, the Defendant abused the victim’s left head one time by gathering a stone of a size of drinking only, which is a dangerous thing at the river site, on the ground that the said B and the victim were able to drink while drinking alcohol; and (b) on the ground that the Defendant was able to do so, the Defendant b and the victim did so.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Articles 261 and 260 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

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

1. The range of recommended sentences according to the sentencing guidelines [type] and the area where the punishment is mitigated (one month and two months of imprisonment) (special mitigation] of the category six of assault crimes;

2. As the Defendant, without a clear reason, has committed an assault, which is a dangerous object of the victim’s head, it is not good that the Defendant committed an offense.

However, the victim only sought compensation for damage, but did not specifically want criminal punishment against the defendant from the beginning, and the defendant agreed with the victim after the prosecution, the defendant led to the confession and reflection of the crime in this case, the past records of punishment for violence in the past have been past but they have been past and three times of fine for not less than 20 years, and other factors of sentencing as shown in the arguments, such as the defendant's age, character and conduct, family environment, motive and circumstance of the crime, motive and consequence of the crime, the means and consequence of the crime, etc., shall be determined as ordered by the disposition.

arrow