logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 상주지원 2014.10.21 2014고단398
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 00:05 on June 11, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage) brought about the house of the victim D (the age of 62) who is the Defendant’s imprisonment (the age of 62) who is the Defendant’s imprisonment in the Sin-si (around 00:05), and damaged two parts of the market price in which the Defendant owned the victim, by putting about about 1m20cm in length, and 1.5m in diameter, a dangerous object in the front of the house, which was at the front of the house, on the ground that the victim did not open the door, while under the influence of alcohol, and on the ground that he did not open the door.

2. Around 00:30 on June 11, 2014, the Defendant violated the Punishment of Violences, etc. Act (abruptive injury by a group, deadly weapon, etc.), opened a door and took a bath for the victim from the said place, and laid down twice the part of the victim in support of the above Abruium, and put the victim into the heat of the unclaimed left part during the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of causing bodily injury on a dangerous object);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodily Injury) (1 year and June 2) (1 year and June 2 year and June 6 (1 year and June 6) (2 year and six months) (2 year (2 year and six months)) of the mitigated area; (3) the Defendant has no record of criminal punishment for the latest nine years; (4) the Defendant’s age, character and behavior and environment; (4) the motive, means and consequence of the crime; and (4) the circumstances after the crime were revealed in the instant pleadings.

arrow