logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.09.03 2014고단6521
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

The defendant is a person who operates a hearing point in Busan Dongdong-gu C with the trade name of D, and the victim E (the age of 64) is a person who sells the vegetables with the trade name of G in the same F market, and the defendant has appraised the victim and the drinking place two years before around two years before he saw that he spathn was a success to find the victim at the time of drinking.

From around 10:00 on July 22, 2014, the Defendant found the victim from drinking alcohol to drinking alcohol, but the victim neglected himself/herself. On the same day, around 19:05 on the same day, the Defendant saw the shot pipe (1m in length, 4cm in diameter) which is a dangerous thing on the I restaurant located in the Busan East-gu, Busan, and 19:05.

As a result, the Defendant suffered bodily injury, such as cutting down two aggregates, which require approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to J and E;

1. A written diagnosis of injury;

1. The application of Acts and subordinate statutes to a criminal investigation report (to attach a pipe photograph used for violence);

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Where the mitigation area (1 year and six months to two years), mitigation area (1 year and six months to six months), penalty exemption (including advanced efforts for recovery of damage), or considerable damage has been restored to the sentencing criteria [Scope of recommendation] for habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) for habitual injury;

2. The fact that the method of sentencing is considerably dangerous, and that the defendant has been punished several times for violent crimes is disadvantageous to the defendant.

On the other hand, it is agreed to pay 10 million won to the victim and provide additional compensation when the legacy occurs.

arrow