logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.07.10 2013고단1673
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Around February 23, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed an injury on the part of the victim by misunderstanding that the victim E (the age of 53) will take a bath to himself/herself in Gangseo-gu Seoul Metropolitan Government, and putting the victim’s disease, which is a dangerous object, caused the injury on the part of the victim to undergo a medical treatment for about 14 days on the part of the victim.

2. The Defendant violated the Punishment of Violence, etc. Act (joint assault) committed a physical fighting with the victim F (the age of 45) in order to control the Defendant at the above time, at the above time, and at the above place, when the victim F (the age of 55) avoided the Defendant, and the Victim F (the age of 45) was pushed with the victim F, and this G was spatched with the victim F, and H took the face of the victims.

Accordingly, the defendant assaulted victims jointly with G and H.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol of E, F, G, and H;

1. Application of Acts and subordinate statutes to an investigation report (including the submission of an injury diagnosis report);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of joint assault);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the defendant is the first offender and is against his/her wrongs, the fact that a part of the amount damaged for the victim E has been deposited, the circumstances leading to this case, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

arrow