logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.11.19 2015고단6285
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

Punishment of the crime

1. On February 2, 2015, the injured Defendant inflicted injury on the victim D (at the age of 53) who was the wife at the Defendant’s residence located in the Seomun-gu Busan Metropolitan City C Apartment 1, 510, on the ground that the victim D (at the age of 53) was faced with the Defendant’s female problem, and caused the victim’s cage to dump, and caused the other victim several times to suffer approximately 14 days of treatment.

2. On May 27, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) committed an injury on a bridge, etc., under which the victim needs to receive treatment for about 14 days, on the ground that the victim, prior to his/her attendance at the place specified in paragraph (1), she saw the victim's remaining after drinking alcohol on the ground that the victim she was her female problem and left the place of work, and her body was boomed three times according to the leather.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes of a medical certificate of injury and written confirmation;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment with labor), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The second crime [the range of recommending punishment] of the reason for sentencing under Article 62(1) of the Criminal Act, where the mitigated area (one year to six months), the mitigated area (one year and six months to two years and six months), the penalty not (including advanced efforts for recovery of damage), or considerable partial damage (including advanced efforts for recovery of damage), is recovered. The second crime (the range of recommending punishment) of the reason for sentencing under Article 62(1) of the Criminal Act.

arrow