logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2013.11.14 2013고단2949
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

At around 09:55 on July 16, 2013, the Defendant: (a) placed the victim’s left chest at a knife (41cc in total length 27.5cm in knife length 27.5cm) with a knife (41cm in total length 41cc in knife) which is a dangerous object that he had purchased in advance on the ground that the knife E (the 43 years old) of the Defendant, the head of the above hospital, and the ordinary flife in the left part, etc. requiring approximately three weeks medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written request for cooperation in investigation;

1. The photograph of the victim's identity in time of damage;

1. Application of existing Acts and subordinate statutes of the frequency of seizure (No. 1);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

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

1. Article 62-2 (1) of the Criminal Act on probation and community service order;

1. A crime resulting in an injury with a deadly weapon for sentencing under Article 48(1)1 of the Criminal Act shall be subject to the sentence of imprisonment under law;

Furthermore, the crime is very heavy in light of the method of crime and plannedness by preparing for the knife and knife in advance and threatening the victim to die, and by binding the left knife and knife in the vicinity, etc.

However, considering the fact that the victim does not want the punishment of the defendant under the agreement with the defendant, that the defendant was found to have been destroyed by the victim, etc. who is a usual dynamics, the defendant was the background of the occurrence of this case, and that there were many criminal records, such as theft, but there were no other criminal records since 2003, the execution shall be suspended. However, since the risk of recidivism is high, probation and community service corresponding to the grace period is ordered.

arrow