logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2015.08.21 2015고단554
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 01:00 on January 10, 2015, the injured Defendant performed drinking together with “C” entertainment tavern in the East Sea B, the victim D(32 years of age), and the victim’s daily happiness E. In the past, the employees working at the Defendant’s shop in the Defendant’s shop referred to as the victim’s wrongness, which led to a dispute with the victim, and went through a free cup containing milk on the customer’s face. However, on the ground of the glass cup that there was a well-known milk on the customer’s face, the injured Defendant saw the victim’s two-day treatment into the victim’s plastic fice used for dilution at the above main point, and inflicted an injury on the victim, such as an open head, etc. necessary for approximately two weeks’ treatment.

2. The Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) committed assault against the victim in such a way that the victim was boomed on the date, time, place, and place indicated in paragraph (1) for the same reasons as indicated in paragraph (1), and two glass cups, which are dangerous goods on the tables, and used in order to capture the victim into the wall, and that the boomed off the wall, and the boomed out the wall to the head of the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The application of relevant photographs (satisf on the upper part of the victim), and the written diagnosis of injury to Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

1. Article 62 of the Criminal Act:

arrow