logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.04.06 2015고단4449
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around October 5, 2015, the Defendant suffered special injury: (a) around 00:35, 2015. Around 00:35, the Victim E (36) and the Victim F (36 years of age), etc. were drinking together with “D” head in Dongdaemun-gu Seoul, Dongdaemun-gu; (b) took the victim E face at one time with his/her hand while drinking alcohol; (c) the victim E face and head part of the victim E with two hand; (d) cut off two parts of the tree, which is a dangerous object at the bottom; and (e) cut the victim’s chest back to the floor to a tree, and continuously cut the victim F’s head one time to protect the victim’s E; and (e) the victim F puts the victim’s head at one time with his/her hair, such as the victim’s heat, etc. (as for treatment period, approximately 2 weeks); and (e) the victim’s mouth to two weeks, including the victim E, respectively.

2. The Defendant: (a) damaged special property and damaged property at the time and place specified in paragraph 1; (b) damaged the top by lowering the table of the victim G owned by the victim G, the owner of the said head office, as a tree chair who was a dangerous object from the said place for the same reason (the market price of KRW 1.50,000), and continuously damaged the above tree chair (the market price of KRW 100,000), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1), 369 (1), 366, and 366 of the Criminal Act concerning the facts constituting an offense;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Sentencing sentence under Article 62(1) of the Criminal Act: Imprisonment with prison labor for one year: 8 months, two years of suspended sentence, and two years of suspended sentence, as well as several conditions of sentencing as shown in the oral argument, including the defendant’s age, sex, family environment, etc., shall be determined as the order, taking into account the following factors:

Aggravation: Risk of crime, accumulated records of punishment, and escape (public trial).

arrow