(영문) 창원지방법원 통영지원 2013.12.24 2013고단858

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 통영지원 2013.12.24 2013고단858

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 three years from the date of the final judgment.

Reasons

Punishment of the crime

At around 17:00 on March 10, 2013, the Defendant: (a) performed a victim E (year 40) and drinking alcohol in the dwelling area of Tong Young-si; (b) collected glass cup, which is a dangerous object on the table, and collected the victim’s face; (c) took two times the head part of the victim’s face; and (d) took three to four times the face part of the victim’s face, the Defendant inflicted injury on the victim in the two parts and the inner part, which requires a medical treatment for about one week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a commission and reply;

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on probation and community service order, the defendant is recommended to be sentenced to one year and six months to two years (the recommendation for the mitigation area of “special injury” type (the recommendation for the mitigation area of punishment as a special mitigation element)). The fact that there are several records of punishment due to violent crimes may be considered as the grounds for sentencing disadvantageous to the defendant.

However, the fact that the victim does not want the punishment of the defendant shall be considered as the grounds for sentencing favorable to the defendant, and the same punishment as the order shall be determined by considering all other factors of sentencing, including the defendant's age, motive

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

-창원지방법원 통영지원 2014.05.16 2014고단104

-창원지방법원 통영지원 2013.12.20 2013고단734

-창원지방법원 통영지원 2013.05.09 2013고단45

-창원지방법원 통영지원 2014.05.23 2014고단261

-창원지방법원 통영지원 2013.11.15 2013고단670