logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.10.27 2015고단1323
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 became final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on July 3, 2015, the Defendant asked the victim E (the 54-year old) to “Isle several years of age” and asked the victim “Isle, Isle, Isle, several years of age,” and caused the victim’s injury, such as double flick, which requires the victim’s treatment for approximately one week by her hand, her head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation (a photographed case for damage);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. From six months to fifteen years, the scope of applicable sentences in law; and

2. Reduction area (one year and six months to two years) (one year and six months) of the mitigated area (one year and six months to six months) of the sentence of recommendation according to the sentencing guidelines (the range of recommendation), the range of punishment for habitual injury, repeated injury, and special injury (the habitual injury, repeated injury and special injury) of the person concerned;

3. Determination of sentence: (a) the nature of the instant crime and the circumstances of the instant crime are not good; and (b) the Defendant has a record of punishment for a violent crime once; and (c) the extenuating circumstances are recognized.

However, the defendant recognized the crime of this case and divided depth, the defendant did not want the punishment of the defendant, the defendant did not have any record of punishment heavier than the fine, and the statutory punishment of the crime of violation of the Punishment of Violences, etc. of this case (a deadly weapons, etc.) is imprisonment with prison labor for not less than three years, and the minimum sentence of the punishment imposed after discretionary mitigation is one year and six months, so there is no additional legal mitigation ground.

arrow