logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.06.18 2014고단1106
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On April 19, 2014, at around 07:15, the Defendant, while under the influence of alcohol at the home of the victim D (60 years of age) located in Gangdong-gu Seoul Metropolitan Government, brought about approximately 26cm in length, 12cm in length, which is a dangerous thing at the Defendant’s home without any reason, and followed by the victim such as the victim, etc., brought about multiple types of 14 days in need of medical treatment.

Accordingly, the Defendant carried dangerous goods as above and inflicted injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each injury diagnosis letter;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 (Provisional);

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. 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. The reason for sentencing under Article 48(1)1 of the Criminal Act of the Confiscation is a favorable circumstance where: (a) types 1 (determination of the recommended area) of habitual injury, repeated injury, special injury by repeated offense; (b) basic area [decision of the recommended area] from 2 years to 4 years [decision of the sentence]; (c) Defendant is against the sentence; and (d) there is no criminal conviction or heavier than the suspension of execution.

However, this case, however, has a high risk of having caused the defendant's hair, face face, etc. on several occasions without any justifiable reason, has not been agreed with the victim, has been punished by a fine by considering the defendant's age, character and behavior, environment, etc. before the case, and all other sentencing conditions such as the defendant's age, character and behavior, environment, etc. shall be determined as the same as the order.

arrow