logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.12.12 2014고단2299
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

Criminal facts

On July 11, 2014, at around 07:20, the Defendant: (a) purchased a dispute on D’s colorphone teaching school located on the first floor of Songpa-gu Seoul, Songpa-gu, Seoul, as a matter of the business partner E (31 years of age) and the rent of the above teaching school; (b) collected gate gate gate gate (75cm) which is a dangerous object located on the said teaching school’s joint venture; and (c) sold approximately 10 parts of the victim’s left gate to prevent the victim; and (d) took approximately three times due to the outbreak of excessive victims, the Defendant sustained the victim’s injury, such as the left gate pelle that needs to be treated for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photograph victims and on-site photographs, diagnostic certificates, and photographs of the injured part;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation Punishment]: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodily Injury) (Aggravated one year and six months through two years and six months) (Aggravated one year and six months of imprisonment): A sentence not to be imposed [decision of a sentence]: The nature of the crime in light of the form of the crime in this case, the degree of the injury, the risk of the means of the injury, etc., and the fact that the defendant has already been subject to criminal punishment for the same kind of crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, while the defendant was living together with the victim, it would be somewhat taken into account in the course of committing the crime of this case, the fact that the victim is seeking the wife of the defendant, and the support of his family is favorable to the defendant.

This is the situation after the crime, age, character and behavior of the defendant.

arrow