logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2014.01.15 2013고단1084
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

At around 21:00 on May 27, 2013, the Defendant issued an order to drink at a D cafeteria located in Gumi-si, Gumi-si, and changed alcohol in the state of drinking. However, from the victim E (the age of 35) who is an employee of the above cafeteria, the Defendant left the front side of the 14-day left the left side where the Defendant left the son who is a dangerous object on the table, “I have a large amount of drinking, so I have a large amount of drinking withdrawal. I have a large amount of drinking, so I have a large amount of drinking withdrawal.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Reasons for the sentencing of Article 62 (1) of the Criminal Act [the decision of types of punishment] for habitual injury, repeated injury, and special injury (special sentencing factors] for habitual injury, repeated crime injury, and special injury [the scope of punishment to be mitigated] mitigated area, one year and six months to six months [the decision of the recommended area] major illegal grounds: Where a person commits a crime by carrying a deadly weapon or other dangerous articles (whether suspended sentence is suspended or not): The same criminal records (not more than five years of suspended sentence or not less than three times of suspended sentence): In the case of minor bodily injury - At least two times of suspended sentence - General extenuating circumstance: A person before the suspended sentence - A person who has been sentenced to imprisonment with prison labor and a considerable amount of deposit [the decision of the sentence]; a person who has been subject to suspended sentence two years of suspended sentence: In light of the fact that the defendant was committed in the instant case even though there were many violences; in light of the fact that the crime was an agreement not to be taken into account, the defendant's age is less favorable, and more favorable after the defendant's filing of prosecution and deposit.

arrow