(영문) 창원지방법원 통영지원 2015.12.18 2015고단1083

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 2015.12.18 2015고단1083

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is between the victim C (the age of 44) and the offender.

On April 29, 2015, at around 17:00, the Defendant asked where the same-born victim had the same percentage at the residence of the Defendant located in Chungcheongnam-gun, Chungcheongnam-gun, Kim Sung-gun, and the Defendant shouldered the birth of the victim for the reason that the Defendant intended to do so to the mother-child E, and was faced with the face of the victim by drinking from the victim.

Accordingly, the Defendant cited a knife (the total length of 25 cm) which is a dangerous thing in a kitchen kitchen, and added a knife to the victim's left-hand clothes once more than a half-day hospital, and added a knife on the part of the victim's body where the victim needs to be hospitalized for about five days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, C, G, and H;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to each photograph, written opinion, certificate of medical record;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following grounds for sentencing)

1. Scope of the recommended punishment according to the sentencing criteria - Special mitigation area (from September to June) - Special mitigation area ( from September to February) - Insignificant injuries and non-influences in punishment;

2. The punishment shall be determined as the order, in consideration of the fact that the person to whom the sentence was to be mitigated and the defendant are against each other, the age, character and conduct of the defendant, the circumstances leading to the crime, and various conditions of sentencing specified in the records and arguments in this case, including the criminal defendant's age, character and conduct

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

-서울중앙지방법원 2014.10.16 2014고단6089

-창원지방법원 통영지원 2015.04.24 2014고단1100

-창원지방법원 통영지원 2015.04.24 2014고단1161

-창원지방법원 통영지원 2015.05.01 2015고단72

-창원지방법원 통영지원 2015.05.22 2015고단85