logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 영덕지원 2013.11.27 2013고단180
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

From August 2012, the Defendant is a person who lives together with the victim C (V, 39 years of age) and the Gyeongjin-gun D located in North Korea and lives together with the victim C.

At around 04:30 on July 2, 2013, the Defendant followed the text message sent by the non-victim who had been stored in the victim's smartphone while drinking together with the female living together with the victim at the above house, and brought about a dispute with the hand hand over a dangerous object (the total length of 24 cm and 13 cm in length) which has been frighted and has been frighted, and suffered a injury on the chest wall that needs to be treated for about 3 weeks to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of the respective Acts and subordinate statutes of the protocol of seizure and the list of seizure, report on investigation (Attachment of a medical certificate), and report on investigation (Attachment of a reply to a request for appraisal);

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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

1. For the reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act (the scope of punishment by law): One year and six months of imprisonment or 15 years of imprisonment (the determination of a sentence): From among the violent crime groups, violation of the Punishment of Violences, etc. Act (the determination of a sentence): Type 1 (Special Aggravation for Habitual Injury, Bodily Injury, Bodily Injury): No mitigated element: In the absence of punishment (the scope of the determination and sentence in the recommendation area and the scope of sentence): A mitigated area of habitual injury, repeated crime, special injury among the violent crime groups: Imprisonment with prison labor for 1 year and six months to 2 years and six months [the general person] of imprisonment for a year and six months: No mitigated element (the main reason for suspension of execution of sentence];

arrow