logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2015.05.26 2015고단154
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On March 2014, the Defendant came to know the victim D (n't. 39 years of age) who works as an employee in the same multi-faceted area as a multi-faceted employee in the Young-gun, Chungcheongnam-gun, and from April 2014 of the same year as the victim was introduced by the victim, the Defendant was suspected of a de facto marital relationship between the victim and E.

On February 1, 2015, the Defendant: (a) around 15:10, the F apartment 202 Dongdong-dong-si, 1109, when drinking together with the victim, E, the Defendant was asked the victim according to the fact that he is infinite with E; (b) he was infinite (29.5cm in total length, 18.5cm in length) which is a dangerous object in the Acinite bank; and (c) he was infinite the victim’s left part with the above knife, the lower part of the chest.

Accordingly, the defendant carried dangerous things and inflicted an injury on the victim, such as an open upper part of the plesive electric wall of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (on-site inspection and confirmation matters);

1. Article 3 (1) and (2) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, 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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [Scope of Recommendation] In the case where the mitigation area (including one year and six months to two years), the mitigated area (including a person who has been specially mitigated), the person who has not been punished (including a serious effort to recover damage), or the person who has been restored to a considerable part of damage (the decision of the sentenced sentence] of the crime of this case is not likely to cause a major danger to the life of the victim, and thus, the crime of this case is not highly likely to be committed.

However, the defendant seems to have committed the crime of this case in a contingent manner, and agreed with the victim.

arrow