(영문) 대구지방법원 2013.11.07 2013고단5036

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2013.11.07 2013고단5036

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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2013, at around 01:00, the Defendant inflicted an injury on the part of the victim D(the age of 42) with a hack pipe ( approximately 40cm in length, approximately 20cm in width, about 20cm in length, about 20cm in length), which is an object dangerous to the right side of the victim D(the age of 42) who was frighting to walk in the front of the C cafeteria-do, Haak-gu, Haak-gu, Haak-gu, Haak-do, and caused an injury on the part of the victim for about four weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The degree of injury suffered by the victim for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not weak, and the victim did not reach an agreement with the victim. However, the defendant was aware of the victim's assault who committed the crime with the victim, thereby blocking him from committing the crime, 3.5 million won was paid to the victim, 3.5 million won was paid to the victim, and the wife did not have a criminal record, and other various sentencing factors revealed in the pleadings, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc., are considered.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

-대구지방법원 2015.08.28 2015고정1497

-대구지방법원 2013.07.03 2013고정1310

-대구지방법원 2016.10.07 2016고정1752

-대구지방법원 2015.01.29 2013고단5732

-대구지방법원 2013.02.06 2012고정4181