logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.04.09 2015고단111
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

At around 03:50 on January 13, 2015, the Defendant found the main points of the trade name "E of 2nd floor in Songpa-gu Seoul, Songpa-gu, Seoul, where he performed drinking on the ground that the victim C (the age of 20) was able to do so without a breath, and the Defendant faced with the beer balance, which is a dangerous object in the table, toward the victim, and faced with the victim's head.

As a result, the defendant carried dangerous objects and carried them, thereby making it impossible to identify the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation reports (to listen to the statement of the F person concerned), investigation reports (to listen to the statement of police officers present at the same time), investigation reports (to submit a certificate of diagnosis and treatment of the victim), and investigation reports (to listen to the statement by telephone of the victim);

1. Application of Acts and subordinate statutes governing victim and on-site photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and 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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The sentencing guidelines [Scope of Recommendation] the mitigated area (one year and six months to two years and six months) (including special mitigation) of the mitigated area (one year and six months to two years and six months) of habitual injury, repeated injury, and special injury;

2. The decision-making victim of the sentence reflects his mistake that the defendant did not wish to punish the defendant by agreement with the defendant, and that there is no record of criminal punishment other than the juvenile protective disposition due to special larceny, robbery, robbery, etc., the defendant's age, the defendant's identity and behavior, family relationship, and all of the sentencing factors indicated in the records, such as the circumstances before and after the crime.

arrow