logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2014.03.07 2013고단986
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

On November 13, 2013, the Defendant: (a) around 21:05, at the “Esing room” operated by the victim D (n, 46 years of age); (b) on the ground that the victim tolds the Defendant to the effect that “the victim was huming and huming”, the Defendant her head was faced with the victim’s left hand by pushing the victim’s humf by pushinging the victim’s humf, and humbing the victim’s head one time with the humf’s head by the humf’s hand, which was a dangerous thing that had been located at the same time.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim, such as cerebral sye, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. According to the sentencing guidelines for sentencing in Article 62-2 of the Probation Criminal Act, the defendant is recommended to be sentenced to one year and six months to two years (see, e.g., recommendation for mitigation area of the type of crime resulting from special injury (see, e., recommendation for mitigation area)). The fact that the defendant committed an offense using dangerous articles is considered as the grounds for sentencing disadvantageous to the

However, considering the fact that the victim does not want the punishment of the defendant, that the defendant has no criminal records of imprisonment without prison labor or heavier punishment, and that the defendant is against the defendant, reasons for sentencing favorable to the

Other grounds for sentencing, such as the age and family relationship of the accused, shall be determined in the same manner as the order.

arrow