logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2014.11.13 2014고단875
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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

Around 22:00 on April 10, 201, the Defendant, while under the influence of alcohol, had the ability to distinguish things or make decisions, and around 22:50 on the part of the Defendant: (a) had the cell phone (the blade length, 5.5cm, 19.5cm in total length) which is a dangerous object in possession of the victim E (the aged 50) without any reason, and had the victim’s inside of the victim five times as drinking.

As a result, the defendant got a scarcity of a scarcity that requires treatment for about two weeks to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. The application of Acts and subordinate statutes on investigation reports (related to attachment of medical certificates) and materials attached thereto;

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for the mitigation of mental illness and injury (a person with mental disability caused by drinking);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a point agreed with the victim, etc.);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The defendant, on the ground of sentencing under Article 48(1)1 of the Act, committed the crime of this case at several times despite the same criminal records, and in light of the risk of the method of the crime of this case, the crime of this case was committed. However, in light of the characteristics of the occupation where the landscaping work is performed, the defendant, after the completion of the day, has come to possess a cell line, with other employees, he was in possession of a cell line. On the other hand, he found a bar together with other employees after having talked with other employees, and led to the crime of this case in a state of mental and physical disability caused by drinking drinking in excess of the usual drinking volume, without focusing on the degree of damage of the victim, and agreed with the victim.

arrow