logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2015.05.21 2015고단101
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2014, around 21:15, the Defendant was assaulted on the ground that he was fleeping with the victim E (the age of 37) while drinking alcohol at the "Dju shop" 2 stud in Ansan-si, Ansan-si, and the Defendant collected beer disease, which is a dangerous object on the table, and flicked the victim's head, and flicked the victim's face to take about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Part of E’s statement among the interrogation protocol of the defendant by the prosecution against the defendant

1. The police statement concerning F;

1. The scene of the case, a photo of the damaged part, and a photo of the injured part (E);

1. Application of each injury diagnosis certificate (E) statute;

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

1. Scope of recommendation: Imprisonment for a year and six months to two years and six months;

(a) mitigated area (one year and six months to two years and six months);

(b) Where punishment not for special mitigation (including serious efforts to recover damage) or considerable partial damage has been recovered;

2. Determination of sentence shall be made in full view of the following factors: (a) the Defendant deposited a certain amount of money for the victim; (b) the Defendant has no record of committing a crime exceeding a fine; and (c) the Defendant reflects his mistake; and (d) the Defendant’s age, character, conduct and environment, etc.; and (b) the sentence

arrow