logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.05.20 2015고단618
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on January 18, 2015, the Defendant: (a) sent a phone call to the victim D (17 years of age) and E (16 years of age) who is a succeeding ship, and (b) committed assault by the Defendant at one time on the ground that the victims neglected themselves, on the ground that the victims did not find it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of D;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) Type 6 (Habitual Offense, Cumulative Offense, Special Violence) (Habitual Offense, Habitual Offense, Special Violence) (Special Mitigation) is not subject to punishment;

(b) Type 6 (Habitual Cumulative Offense, Cumulative Offense, Special Violence) (Article 4-1 and 12) (Special Mitigation) of mitigation area (Article 4-1 and 12) (Article 2) of the Act on the Punishment of Minor Offenses: April-1 and September;

2. The sentence shall be sentenced in the same manner as the order, in consideration of the fact that the victims did not have any injury, that the defendant agreed with the victims, that the defendant reflects the mistake, that the defendant's age and degree of assault, etc., although the sentence was assaulted to the camping net.

arrow