logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.08.13 2013고단3500
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 11, 2012, at around 14:00, the Defendant driven the king line B from the shooting distance before the police box in the vicinity of the Gangnam-gu Seoul Western Station, and was driven by the victim C(the age of 41) on his own in the future of the D car driven by the victim C(the age of 41).

Accordingly, the defendant, where the victim had a warning, boomed the car of the victim who was in the way of the first line, followed the two-lanes in order to avoid this, and the victim changed the three-lanes, changed the three-lanes into the three-lanes, followed the two-lanes in the front of the car, followed the balke, followed the balke, and the victim changed the two-lanes in order to avoid the re-motor vehicle, followed the two-lanes, followed the balke, followed the balke, followed the balke, and suspended the A self-driving, thereby threatening the victim.

The Defendant carried a bsking vehicle, which is a dangerous object, over seven minutes from the distance prior to the police box to the roads prior to the intersection, along the south cycle, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing video CDs taken by the victim;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended sentence based on the sentencing guidelines [the range of punishment] violence, assault, repeated offense, special assault (special offender] where victims are fully responsible for the occurrence of a crime or the expansion of damage (aggravated factor) and the motive to criticize the crime (aggravated factor) [the scope of the recommended sentence] six months to one year (whether a suspended sentence is in the basic sphere)] shall be comprehensively considered in the suspension of execution.

arrow