logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.02.26 2014고단3406
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

On October 1, 2014, at around 02:55, the Defendant: (a) while drinking alcohol together with the Victim F (the 43 years of age) who is an employee of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, brought about a dispute with the victim; (b) the Defendant left the back water of the victim on one occasion with the two-way disease (700ml), which is a dangerous object in which he was in the place; and (c) caused the victim to undergo a treatment for about 14 days.

Summary of Evidence

1. Each legal statement of witness F and E;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement to F and E;

1. Application of Acts and subordinate statutes to investigation reports (Submission of a medical certificate for injury and change of the name of the crime);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the circumstances, etc. considered as the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the circumstances that are considered as the grounds for sentencing following the period of suspended execution);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The punishment as ordered shall be determined by taking full account of the various circumstances, such as Defendant’s criminal records, age, character and conduct, and environment, in the same sentencing guidelines as above, in the following sentencing guidelines: (a) a habitual injury, repeated offender injury, and special injury (a habitual injury, repeated crime, injury, special injury) in the area of special mitigation ( September to February to June) (a special mitigation).

arrow