logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2014.04.11 2013고단3283
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 29, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) committed an injury to the victim on the 2nd restaurant of the “D” restaurant operated by the Defendant on the part of Ansan-si Member C and the 1st floor of Ansan-si, and the “D” restaurant for the operation of the Defendant, and the victim E (the age 48) living together with the Defendant, who was under the living relationship, was a shoulderer for the Defendant, who was under the living together, laid down the glasser in the neighborhood, laid down on the floor, laid down the dump, and laid down the dump, which is a dangerous object on the floor, and then laid down the dump, which is an injury to the victim, requiring approximately 14 days medical treatment.

2. Around 00:50 on October 23, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) committed an assault against the victim on the first floor of the aforementioned “D” restaurant, which is a matter of the business hours of the victim and the restaurant, while making a dispute with the victim, but the victim was frighted to the victim, who was a dangerous object in the softening room.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Photographs of the injured part of the victim;

1. Application of statutes on field CCTV photographs;

1. The offense in question: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (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 for discretionary mitigation (including circumstances favorable to the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (referring to the period of suspended sentence, in which case the circumstances favorable to the defendant have been repeated among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Act and Article 59 of the Act on Probation, etc., despite the defendant's previous convictions and five violent crimes, are committed.

arrow