logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2013.04.04 2012고단1030
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 14, 2012, the Defendant damaged the victim’s property by 51,300 won in total, such as the damage of the 50,000 won of the market price on the floor by gathering 1,300 won on the ground that the victim E, who operates the said Schlage, was demanded to request alcohol from the victim E on the ground that he was rejected. However, the Defendant caused the damage of the victim’s property equivalent to the 51,300 won in total, by gathering 50,000 won in the market price on the ground that he did not go to the floor.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.), laid down the brick, which is a dangerous object before Schlage, on the ground that the victim reported to the police, and went to the victim, and the above brick was in line with the victim's right arms, thereby causing the victim to undergo treatment for two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. A report on investigation (the confirmation of injury of a victim);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of brick photographs);

1. Article 366 of the Criminal Act, Article 366 of the Punishment of Violences, etc. Act, and Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act (the point of inflicting bodily injury on a dangerous object) concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the injury is insignificant and there is no particular criminal record);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

arrow