logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.12.02 2013고단1948
폭행등
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On September 13, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for an injury, etc. at the Daegu District Court on May 13, 2013, and the said judgment became final and conclusive on September 24, 2013.

【Criminal Facts】

On July 26, 2013, around 08:40 on July 26, 2013, the Defendant, at the “C” singing in Gangdong-gu Seoul, suffered injury to the victim E, such as thalin, which requires approximately two weeks of medical treatment, by breaking the head of the victim E, and by walking the victim E’s distribution, chest, head, and head.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Each statement of E and D;

1. A written diagnosis of injury;

1. Previous records: Application of case inquiry records and court rulings and other Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order repeats the instant crime even though the Defendant was punished several times for the same offense, and the instant crime is merely committed on the ground that the victim and D did not appear in mind, and the motive is not good.

However, in full view of all the circumstances, such as the defendant's age, character and conduct, environment, family relationship, occupation, etc., the sentencing conditions as shown in the records are determined as ordered by considering the fact that the defendant was unable to punish the defendant, the defendant's mistake is divided, the defendant was not tried together with the above judgment which became final and conclusive.

Public Prosecution Rejection Parts

1. The summary of this part of the facts charged is that the Defendant, around 08:40 on July 26, 2013, entered the “C” singing room located in Gangdong-gu Seoul Metropolitan Government, to the victim D (the age of 26) and E (the age of 26).

arrow