logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2014.04.10 2014고단46
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

On June 19, 2001, the Defendant was sentenced to a fine of KRW 500,00 for a violation of the Punishment of Violences, etc. Act at the Gangseo branch court of the Chuncheon District Court on June 19, 2001, and was punished five times in total for the same crime.

At around 23:40 on January 6, 2014, the Defendant: (a) while drinking alcohol together with the victim E (50 years of age) on the ground that the victim went against the Defendant, the Defendant saw the victim’s head as an empty bottle, which is a dangerous thing, one time; and (b) caused the victim’s injury to the victim by flaging the victim’s left face face, by flaging the victim’s left face face, thereby causing approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the agreed point with the victim and the fact that the defendant is in depth against the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended sentence on the sentencing guidelines [decision of type] group of violent crime, special injury (special person in a form of punishment): Minor injury, penalty not to be imposed (the scope of the recommended sentence and the range of the recommended sentence]: Imprisonment with prison labor for September - two years and six months [the range of the recommended sentence and the statutory sentencing range] - in the event that the range of the sentence recommended by the sentencing guidelines differs from the legally applicable sentencing range, the scope of the recommended sentence shall follow the lowest limit of the legally applicable sentencing range. Accordingly, in the end, one year and six months of imprisonment - two years and six months of imprisonment.

3. An agreement with the victim to determine a sentence and damage caused by any contingent crime;

arrow