logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2012.10.26 2012고단1801
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On January 6, 2012, the Defendant was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act (joint injury) at the Changwon District Court on January 6, 2012, and the said judgment became final and conclusive on January 14, 2012. On May 11, 2012, the Defendant was sentenced to a suspended sentence of two years for one year for a violation of the Punishment of Violences, etc. Act (joint coercion) at the same court, and the said judgment became final and conclusive on May 19, 2012.

At around 01:20 on April 28, 2012, the Defendant took a bath on the ground that the Victim F (the age of 43) was tree on the company’s attitude of his work in a usual hall within the main point of Kimhae-si, Kim Jong-si, Kim Jong-si, while taking a bath on the ground that the Victim F (the age of 43) was fluencing the victim’s head on one time by taking advantage of a small-scale person’s head, which is a dangerous object on the table table, and had another small-scale person’s head, which is a dangerous object on the table table, and caused the victim’s injury to the victim’s head on the ground that he could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Photographss and medical records of damaged areas;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, US records and results of confirmation (two cases);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury by using a deadly weapon);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1548, Jan

1. The suspension of the execution of punishment of concurrent crimes under the latter part of Articles 37 and 39 (1) of the Criminal Act [the crime of violation of the Punishment of Violences, etc. Act and the crime of violation of the Punishment of Violences, etc. Act (joint coercion) for which judgment has become final] and the same crime during the period of suspension of the execution of the grounds for sentencing, the method of crime is dangerous, the agreement with the victim is reached, and the judgment becomes final and conclusive, shall lose its effect;

arrow