logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.04.17 2012고단3576
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 became final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on September 11, 2012, the Defendant argued that D, a workplace partner, and D, who were drinking with the victim E and drinking alcohol, were aware of the fact that the victim took a bath, and 2-3 times the face of the victim was 2-3 times in drinking, and 2-3 times in drinking, the head of the victim was taken one time by beer disease, which is a dangerous object on the table table, and the victim’s face was taken two-3 times in the face of the victim.

As a result, the defendant puts up two-time medical treatment to the victim, which requires more than two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The crime of this case committed by the defendant with the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds of suspended sentence"), which inflicted bodily injury on the victim by getting the victim's head from a beer ward, which is a dangerous object, needs to be punished by strict punishment due to the nature of the crime.

On the other hand, the degree of injury is not limited, it is extremely agreed with the victim, there is no criminal record of suspended execution or more, and other circumstances which form the conditions for sentencing as shown in the arguments of this case, including the defendant's age, character and conduct, motive and circumstances before and after the crime, etc., shall be determined as ordered by the order.

arrow