logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.11.28 2013고단6093
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Reasons

Punishment of the crime

On February 7, 2013, the Defendant was sentenced to a suspended sentence of two years on August 15, 2013 for a violation of the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court on February 7, 2013, and the probation period becomes final and conclusive on February 15, 2013.

1. On September 14, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) committed a person who, without any reason, was drunk in D restaurant located in Gwanak-gu in Seoul Special Metropolitan City, left the victim E (31 years of age) who, without any reason, had a knife and knife a dangerous article (24.5 cm in the knife length) with the victim's right-hand arms and knife in the left-hand knife.

2. On September 15, 2013, around 04:50 on September 15, 2013, the Defendant: (a) found the above victim’s residence located in Gwanak-gu in Seoul Special Metropolitan City F as “the death has been collapseed”; (b) caused the entrance door to cut off, and (c) caused the entrance door to cut off by drinking the glass part of the upper part of the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement to E by the police;

1. The defendant and his defense counsel asserted that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of each of the crimes in this case. Thus, according to each of the above evidence, the defendant's defense counsel held that the defendant was under the influence of alcohol at the time of each of the crimes in this case, but it cannot be seen that the defendant did not have the ability or decision-making ability to discern things at the time of each of the crimes in light of the circumstances leading up to each of the above crimes, the method of the crimes, and the circumstances after the crime. Thus, the above argument is rejected.

Application of Statutes

1. Relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Articles 257 (1) and 366 of the Criminal Act;

1. Aggravation of concurrent crimes: Criminal Act;

arrow