logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2015.07.03 2015고단404
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 of the final judgment.

Reasons

Punishment of the crime

At around 20:40 on February 14, 2015, the Defendant argued that drinking alcohol together with the victim E (the age of 61) is drinking at the D main shop located in Sungnam-si A, Sungnam-si, and the Defendant used the kitchen knife (the total length of 31cc) which is a dangerous object in the kitchen located in the main shop above, and put about about two weeks to the victim his face and right shoulder, and put about about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of recommendations;

(a) Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury) of the same Article;

(b) Special mitigation: Minor injury or non-guilty in punishment; and

2. Determination of sentencing shall be made by reducing the punishment of a defendant within the scope of sentencing guidelines in consideration of the fact that the defendant has recognized and reflected his/her mistake, the fact that the defendant has agreed with the victim, the age of the defendant, criminal records, etc., and the execution thereof shall be suspended on condition that he/she is put on probation.

arrow