logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2014.03.26 2013고단2647
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

Punishment of the crime

On August 14, 2013, at around 07:25, the Defendant: (a) filed a divorce lawsuit before the Dmiddle School Sports Center located in Kimpo-si, Kimpo-si without going through the procedures under the agreement with the Defendant in connection with the divorce; (b) knew that the Defendant filed an application for the prohibition of access and filed a divorce without going through the agreement with the Defendant; and (c) made a dispute with the victim, which is a dangerous object that was lost on the truck of the Defendant, with the left hand; (d) caused the victim’s hick, and caused the victim’s head to go against concrete stairs by cutting down the victim’s hick and cutting down the victim’s head into the stairs; and (e) caused the victim’s injury, such as brain sins and scarfs, which requires at least three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement related to E, F, and G;

1. A photograph of each damage;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Mitigation of discretionary work and mitigation of circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the agreement to divorce with the victim and the fact that there is no record of punishment subject to suspension of qualifications or heavier punishment);

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

arrow