logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.10.10 2013고단3984
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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. Around 03:00 on April 12, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.), and around 03:00, at the Defendant’s house living room in Gwangju Mine-gu, 101 Dong 1201, the Defendant, while drinking alcohol together with the Defendant’s wife E (the Defendant’s husband) with the Defendant’s husband, the Defendant’s wife, her husband, her husband, her husband, her husband, her husband, her husband, her husband, her husband, her husband, her he she took two times the head part of the Victim’s body (300C) with a bed of glass material, which is a dangerous thing at his her her her gate’s gate’s gate

2. The Defendant violated the Punishment of Violence, etc. Act (collectively weapons, etc.) and at the same time and place as above, threatened the victim by having a knife, which is a deadly weapon, 20cc in front of the victim, with a knife (20cc in the knife length) and the victim’s face, with the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A medical certificate;

1. Photographs of parts of the body of the victim;

1. Application of Acts and subordinate statutes to a report on investigation (24 pages of investigation records);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act (the occupation of threatening to carry dangerous articles);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows: (a) considering the fact that the victim could have suffered a large amount of bodily injury due to the instant accident, it cannot be deemed that the nature of the offense and the circumstances of the Defendant cannot be deemed that the Defendant was somewhat weak; (b) the Defendant recognized the crime and compensated for damage to the victim; (c) the degree of injury inflicted on the victim is relatively small; and (d) the Defendant has a particular criminal history

arrow