logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2012.09.13 2011고단9308
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 October 23, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Busan District Court on August 3, 201, and completed the execution of the sentence.

At around 19:40 on November 24, 201, the Defendant, at the inn of “F” operated by the victim D (57 years of age) and the victim E (57 years of age) in Young-gu, Busan, the Defendant: (a) stated that the victim D was aware of the victim D; (b) stated, “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim E with intimidation at the same time.

Summary of Evidence

1. Partial statements of the defendant in the first protocol of trial;

1. Statements made by witnesses D in the second protocol of the trial;

1. Each police statement made to D and E;

1. Criminal records: Inquiries into criminal records, inquiry reports, investigation reports (verification of the date of final release from a military court and attachment of judgment);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning the punishment of a deadly weapon;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

4. Grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the following grounds for sentencing).

1. The conditions favorable to the defendant shall be as follows:

The degree of injury of victim E is not so significant.

2. The circumstances disadvantageous to the defendant shall be as follows:

There is no good quality of crime.

Not only has been punished several times for the same crime, but also the first head of the crime.

arrow