(영문) 서울북부지방법원 2015.11.20 2015고단2521

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2015.11.20 2015고단2521

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 24, 2015, at around 16:50, the Defendant intended to use a temporary elevator at 106, and 20,000, from around 106, and around 14,00, the site of the apartment construction site of Kimcheon-si, Kimcheon-si, but did not operate. As such, the Defendant did not answer the victim D (24 years of age) who used a temporary elevator repair between the 13th floor and the 14th floor, but did not have an answer. After having flow outside, the Defendant 13th floor and 13th floor in which the victim is the victim’s body, she spathd with the victim’s balth, and fladdd with cement (20cm in length, 20cm in du 20cm) which is a dangerous object on the floor of the construction site.

In light of the victim's left head of cement with the above cement, injury was inflicted on the victim, such as cerebral leins, in which the details of the victim's treatment for about two weeks are required.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical certificate;

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. 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 recommending punishment] Article 62(1) of the Act on the Suspension of Execution shall be prescribed as the Disposition, taking into consideration the following factors: (a) the area of mitigation (one year and six months to two months); (b) the area of mitigation (one year and six months); (c) the area of mitigation (special mitigation); (d) the victim does not want the punishment of the defendant; (d) the degree of injury is not much weight; (e) the defendant is obliged to support the wife of the immediately disabled class 3 and his/her two daughters; and (e) other criminal records and health conditions

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

-서울중앙지방법원 2013.12.20 2013고단5638

-부산지방법원 동부지원 2020.01.09 2019고단1864

-부산지방법원 2015.06.18 2015고단1284

-부산지방법원 2015.11.12 2015고단1894

-춘천지방법원 강릉지원 2013.10.24 2013고단537