logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.12.04 2012고단5278
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 11, 2007, the Defendant was sentenced to four years of imprisonment with prison labor at the Seoul Central District Court for the crime of attempted murder, and the execution of the sentence was completed in the Ansan Prison on February 1, 201.

At around 11:00 on August 22, 2012, the Defendant, at the main point of Gwanak-gu in Seoul Special Metropolitan City, 3, such as the victim D (year 59) who was aware of the face of the face of the victim, and the victim, while drinking alcohol together with other people, interfered with the victim by speaking the defendant who was at the expense with other people. On the ground that the victim, who was drinking together with drinking alcohol, interfered with the victim's face of the victim by drinking, the victim's face at one time, which is a dangerous object, the victim's face at one time, and the victim's hairs the head by drinking and shot, and put the victim into a telecommunication, and puts down the victim's head at one time, and puts up the victim's body by drinking and shot, with the victim

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement of opinion;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (the date of release and other confirmation reports);

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The sentencing guidelines shall apply to a violation of the Punishment of Violences, etc. Act on the Grounds for the Sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and the sentencing guidelines shall apply to the basic area (four years of imprisonment with prison labor for two years or more), among types 1 (special injury). The sentencing shall be determined in consideration of all the circumstances, including the degree of injury and recovery of damage, the criminal records of the accused, etc.

arrow