logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.10.11 2013고단5054
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 became final and conclusive.

Reasons

Criminal facts

At around 03:10 on August 2, 2013, the Defendant collected beer disease, which is an object dangerous to D without any reason, under the influence of alcohol, and faced with beer disease, which is an object dangerous to D, and the victim F (46 years of age) who is a customer, collected her disease from F to F, and her back head and right shoulder the back and right shoulder. The Defendant fell from the floor of the beer disease, and caused damage to the victim F, which requires approximately two weeks of treatment.

Accordingly, the Defendant, carrying dangerous objects, assaulted the victim D and inflicted an injury on the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of each Act and subordinate statute applicable to an investigation report (as to the attachment of a medical certificate for injury) and a field inspection report;

1. Article applicable to criminal facts;

(a) The occupation of and injury to a person carrying a deadly weapon: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

(b) The possession of violence by carrying a deadly weapon: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., confession of a crime, reflects, and agree with the victims, and the fact that a patient voluntarily gives medical treatment to a hospital and provides medical treatment to the victims, and that the job and social benefits are obvious);

1. It shall be decided as per the disposition of the suspended execution on the grounds of not less than Article 62 (1) of the Criminal Act (the grounds for discretionary mitigation);

arrow