logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.04.02 2014고단3997
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on November 25, 2014, the Defendant, while drinking alcohol together with the victim E (53 years of age) who is a workplace partner at D stations, had been injured by the beer’s disease, which is a dangerous object on the table table, in his/her hand, and caused the Defendant to inflict an injury to the victim, such as a two open wound, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : (a) type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury and Special Bodi Bodily Injury) (1 year and 2 months), the mitigation area (1 year and 6 months), the punishment of a person subject to special mitigation] or considerable damage is restored (including efforts to recover damage) ; (b) the punishment of a person subject to special mitigation is not appropriate; but (c) the victim appears to have committed contingent crimes; (b) the victim does not want the punishment of a defendant; (c) the victim has no criminal record of suspended execution or more; and (iv) the fact that the victim is against the order, taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act, shall be determined as ordered.

arrow