logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.09.23 2015고단2979
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six 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

On July 2, 2015, at around 05:38, the Defendant: (a) was in a C cafeteria located in Gangseo-gu Seoul Metropolitan Government, and the Defendant used the victim with dangerous articles, such as gathering odors on the table, and taking the head of the victim by gathering odors on the table on the ground that the victim had spreaded the principal. (b) On July 2, 2015, the Defendant assaulted the victim by carrying the smells, which are dangerous articles, on the part of the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to written E;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The conditions favorable to the following reasons for sentencing):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Six months to one year and two months from six months of imprisonment on the sentencing guidelines (based on the legal applicable sentencing range, the crime of violence, the crime of violence, the types six (Habitual, Habitual, Special Violence), the mitigation area (special mitigation factors): the lower limit of punishment; and the lower limit of punishment);

2. Determination of sentence shall be made in the same way as the disposition, in consideration of the fact that the victim seems to have committed the instant crime in a ppuri, and the mistake is divided, that the defendant has no power to impose criminal punishment, and that the victim does not want the punishment of the defendant under an agreement with the victim, etc.

arrow