logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.05.08 2013고단1436
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. At around 04:50 on March 9, 2013, the Defendant saw the victim F (manam and 20 years old) who is an employee at the “Eju shop” room of the first floor above the ground, on the ground that the Defendant was able to work in an unfaithful manner, such as the right to attend the work. On the other hand, the Defendant saw the wall by hand to put the victim’s head to the left hand, thereby causing the victim’s injury by putting three times the victim’s left her head to the left her part of the treatment days.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) directed G, who was an employee of the same time and place as above, to bring about knife a knife at the kitchen, in spite of having inflicted an injury on the victim, he received from G with a knife a knife (27cm in knife length, 40cm in total length) which is a lethal weapon from G, and then threatened the victim by making three knife the left part of the victim’s chest by using a knife, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions concerning the facts of crime and the point of injuring the option of punishment: Article 257 (1) of the Criminal Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

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 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of the recommended sentencing criteria;

(a) Type 1 (Habitual Injury, Bodily Injury, and Special Intimidation) of the Punishment of Violences, etc. Act (the scope of a recommendation sentence) is not subject to punishment (4 to 1 year) of the mitigated area (4 to 1 year);

(b)an injury (competence) in general. (Extent of recommendations)

arrow