logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2013.06.19 2013고단126
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

On January 31, 2013, the Defendant: (a) around 02:30, around 02:30, around the E-cafeteria operated by the victim D (the age of 42) located in Yong-nam, the Defendant, while under the influence of alcohol, she reported the disturbance to the police by the victim, such as receiving the entrance door of the above restaurant, the Defendant, while under the influence of alcohol, was fluencing the victim of the disturbance, and fluencing the victim’s chest on a knife ( approximately 33 cm of the entire length, approximately 20 cm of the knife).

The defendant got out of the victim's chest, and the knife knife knife knife knife knife knife knife knife knife knife knife knife the victim

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Seizure records;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is deemed to have been committed by the victim with a knife, which is an article dangerous to the defendant, and the nature of the crime is very heavy. However, the defendant recognized the facts charged in this case and reflects the depth thereof, the defendant's age, character and conduct, family relationship, home environment, means of crime, circumstances after the crime, etc., and the sentencing conditions indicated in the records of this case shall be determined as ordered in consideration of the following circumstances.

arrow