logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2015.11.11 2015고단241
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

On June 22, 2015, at around 22:20, the Defendant: (a) committed assaulting the victim’s part of the body of the victim, which is a dangerous object on the customer’s hand, at around 49 years of age, on the ground that: (b) the Defendant stated the victim’s “Esing room” in the operation of the victim D (n, 49 years of age); (c) the Defendant her drinking while drinking alcohol and drinking alcohol; and (d) the victim her drinking alcohol at another place; and (e) the victim her drinking alcohol at a different place; and (e) the Defendant her drinking by drinking.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of photographs of the scene of damage, attachment of photographs of the victim, and list of 112 reported cases);

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Reduction elements according to the sentencing guidelines: Reduction elements of punishment in the area of mitigation (4 months of imprisonment to one year or one year or two months of imprisonment) of types 6 (Habitual Offense, Habitual Offense, Special Violence) and violent crimes according to the sentencing guidelines; and

2. Determination of sentence reflects the crime of this case, the agreement with the victim was reached, and the defendant has no criminal record of suspended sentence or more, and the fact that the family, workplace, and local residents want to take the seat of the defendant, etc. are favorable to the defendant.

However, even though the Defendant was a public official who must show an example to others, he/she was subject to criminal punishment for committing an act of assaulting others and injuring them (three times of a fine after the appointment of a public official (2004, 2005, and 2009). Nevertheless, he/she again under the influence of alcohol.

arrow