logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2013.07.04 2013고단103
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

At around 02:20 on November 26, 2012, the Defendant, while drinking alcoholic beverages at Dju's stores located in C, was boomed with the victim E (n, 42 years of age) who was drinking alcoholic beverages on the side table table while drinking alcoholic beverages at C, and was fluent with the view, and caused the Defendant’s injury to be fluent cup, which is a dangerous object on the table table, and was fluent with the victim’s injury, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of related photographs and on-site photographs statutes;

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 ( considered as favorable reasons among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors shall be considered as favorable to the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of applicable sentences: Imprisonment for a period of one year and six months to fifteen years;

2. Scope of recommendations on the sentencing criteria: Scope of recommendations [Determination of types] for violent crimes, special injury (special-speed persons] - mitigated factors: Reduction areas: Imprisonment with prison labor for not less than one year and six months to two years and six months.

3. Determination of sentence: Imprisonment with prison labor for a year and six months; two years of probation; probation; and community service order (whether to suspend execution) for a period of 120 hours; major pride factors: If the victim is fully responsible for the occurrence of a crime or the expansion of damage, non-members of punishment; general pride factors: there is no criminal conviction or more than a suspended sentence. It is so decided as per Disposition by the reason that the victim has no same record.

arrow