logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.11.27 2015고단4406
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

At around 05:00 on September 24, 2015, the Defendant, along with the victim E (n, 25 years of age) who is a fluor in the D main points located in Gangseo-gu Seoul Metropolitan Government 1st floor, drinked the victim to drink and drink the alcohol, and thereby, the Defendant fluored the victim's head by gathering the fluor's disease on the table.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as an open room for the shoulder that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Photographs of the victim;

1. Investigation Report (Submission of Medical Certificate) - Application of Acts and subordinate statutes

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. As to the assertion of counsel under Article 62-2 of the Probation Criminal Act, the defense counsel asserts that the defendant was in a state of mental disability by drinking at the time of committing the instant crime.

According to the above evidence, it is recognized that the defendant was under the influence of alcohol at the time of the crime of this case.

However, in light of the background, means and methods of the instant crime, and the criminal defendant’s conduct before and after the instant crime, it is not deemed that the Defendant lacks the ability to discern things or make decisions at the time of the instant crime.

Therefore, defense counsel's assertion is without merit.

The reason for sentencing [Scope of Recommendation] The mitigated area (one year and six months to two years and six months) (special mitigation) (including efforts to recover damage) of the mitigated area (one year and six months to two years and six months), the non-exclusive penalty (including efforts to recover damage) [decision of sentence] of the defendant was punished several times due to violence-related crimes, but again, the defendant had been punished several times.

arrow