logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2014.10.31 2014고단1196
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 08:50 on May 2, 2014, the Defendant: (a) 1496 at the Sasan hot spring station square, the hot spring station in the 1496, and without any reason, she was in possession of a dangerous object (10cm in total length, 4 cm in length) behind the victim C (the age of 21) who was under the influence of alcohol and became under the influence of distinguishing things or lacking the ability to make decisions; (b) she was in possession of a dangerous object (10cm in total length, 10cm in length, 4 cm in length; and (c) she was in the direction of the part above the right side of the victim in which the victim’s treatment period cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of statutes, such as photographs of damage;

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for forfeiture [Determination of Punishment] Violence: Type 1 (Habitual Injury, Bodi Bodily Injury, Bodi Bodily Injury, Bodily Injury): Reduction element: In minor injury, non-specific mitigation element [Determination of the recommended sphere]: Imprisonment with prison labor for September to February (general person): Imprisonative factors of mitigation element of mitigation: Imponment of mental illness (general person): Imponment of mental illness (general person) and serious reflective factors (whether suspended execution of punishment is being carried with deadly weapons or other dangerous things): Insignificant positive factors of the crime: Insignificant injury, and general positive factors of non-exclusive factors of mitigation of punishment: serious reflect [Determination of sentence] criteria for suspension of sentence; the background of the crime of this case; the defendant's health conditions such as mental illness; attitude after the crime; and all factors of sentencing expressed in oral arguments, such as the order shall be determined after considering all the factors of sentencing.

arrow