logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.10.22 2015고단1012
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 becomes final and conclusive.

Reasons

Criminal facts

1. On February 16, 2015, the Defendant of the damage to property: (a) was under the influence of alcohol at the “D” drinking house located in Yasan-gu, Yasan-si, and was trying to do so without paying the drinking value; (b) was subject to the control from the victim E (the 57 years of age), who is the owner of the said drinking house; (c) was able to cut back by citing the table equivalent to KRW 40,00,000 in the market price owned by the victim at the said drinking house; (d) was 20,000 if the market price on the table of the above table was 20,000,000 won in contact with the market price at KRW 2,00,000,000 in the market price at KRW 2

As a result, the Defendant damaged the property equivalent to the total amount of 62,00 won, such as the consignee owned by the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (abrupt by a collective action, deadly weapon, etc.) committed an injury to the victim, such as salves, salves, tensions, etc. in need of treatment for about two weeks, by putting the shoulder part of the victim on one hand, on the ground that the victim F (the age of 58) who continued to drink in the next table was salved with himself/herself (abre 30 cm, height of 70 cm).

As a result, the defendant carried with the iron manufacturer, which is a dangerous object, and inflicted an injury upon the victim for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to investigation reports (Submission of medical certificates, etc.);

1. Article 366 of the Criminal Act, Article 366 of the Punishment of Violences, etc. Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that a defendant who has no criminal record repents his/her wrong mistake, that the victim E and the victim E agree smoothly, and deposit KRW 500,000 in the future of the victim F);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

arrow