logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.12.04 2015고단4903
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 07:20 on September 7, 2015, the Defendant, at the entrance of the 3 construction section of the Daegu East-gu apartment construction work site, divided a conversation with the victim D (51 years of age) in relation to construction work, and collected a pipe (10cm in length and 1m in length) which is a dangerous object in the side and laid down a pipe (10cm in length and 1m in length).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police on D;

1. Application of each of the Acts and subordinate statutes stated in a medical certificate, investigation report (victim D’s hearing report), investigation report (report on hearing of witness E);

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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Reasons for sentencing [the scope of applicable sentences under law] under Article 62(1) of the Criminal Act of the Suspension of Execution [the scope of applicable sentences under law] from one year and six months of imprisonment to 15 years of imprisonment [the determination of a sentence] under Article 1 [the person who habitually injured, injured, injured by repeated offense, and injured by special injury] under Article 62(1) of the Criminal Act - The mitigated area of minor injury [the range of recommended sentences] mitigated [the range of recommended sentences] from one year and six months to two years [the scope of recommendation] [the main reasons for suspended sentence] - Where the defendant committed a crime by force of negative organizations or multiple groups, or carried with deadly weapons or other dangerous things, or committed a crime by carrying a deadly weapon or other dangerous things: No effort to recover damage before and after suspended sentence is made for more than two times; a positive contingency sentence for a general reference reason: a positive contingency sentence [the determination of a sentence of punishment]; a defendant did not have any injury to the victim by pipe; and no damage was recovered.

In addition, the defendant several times.

arrow