logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2014.08.08 2014고단788
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:00 on April 29, 2014, the Defendant, while drinking four drinking together with the victim D(S) at the “C” entertainment bar located in Jeju Island B, had the victim take a dangerous thing on his/her table on the ground that the victim would make his/her table to the Defendant, and had the victim take one time the head of the victim was injured by a beer who was a dangerous thing on his/her table, and had the victim suffered injury, such as a thale, a thale, an open wound, etc. requiring three-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the site, victim photographs and medical certificates;

1. Relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: A suspended sentence shall be imposed as per the disposition in consideration of the recommended sentence scope [the group of violent crimes, special injury, type 1, mitigation area (special mitigation area), 1 year and June - 6 months] and the following circumstances on the grounds of sentencing in Article 62(1) of the Criminal Act (see, e.g., Article 51 of the Criminal Act as stated in the grounds for sentencing] and the following circumstances. A sentence shall be imposed as per the disposition in consideration of the following circumstances: (a) the favorable normal circumstances are recognized and reflect: (b) the victim is not serious; (c) the victim is not serious; (d) there is no criminal conviction exceeding a fine; (d) there is no past conviction and there is no history of criminal punishment after 207; (e) there is a previous criminal conviction of a series of times; and (e) there is no other criminal conviction of a same kind of crime: (g) the motive for the crime; (g) circumstances after the crime; and (g)

arrow