(영문) 광주지방법원 목포지원 2015.03.23 2015고단77

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 목포지원 2015.03.23 2015고단77

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 8, 2015, the Defendant: (a) around 23:20, the victim D (year 46) who is a partner of the same company and the Defendant used a container lent to the Defendant, while drinking alcohol; and (b) the Defendant was at the time of the victim’s head one time due to a beer disease, which is a dangerous object on the table, that is, a dangerous object on the table of the table.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The investigation report (as to the statement of the shote):

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crimes: Types 6 of assault crimes;

2. Determination of the scope of sentence: In June, the lower limit of the scope of sentence shall be modified according to the lower limit of the applicable sentencing range:

1. A year and February (A person who is subject to special mitigation: A person not subject to punishment)

3. The sentencing guidelines shall be set by discretionary mitigation and suspension of execution of the sentence against the defendant within the scope of the sentencing guidelines, taking into account the fact that the defendant's decision of sentencing or suspension of execution of sentence is recognized and against his mistake, that the defendant has agreed with the victim, that the defendant is an contingent crime, that there is no record of criminal punishment after 2008, that the defendant has no record of criminal punishment, the age, character and conduct

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

-광주지방법원 목포지원 2014.06.12 2014고단569

-광주지방법원 목포지원 2015.11.09 2015고단857

-광주지방법원 목포지원 2014.09.15 2014고단982

-광주지방법원 목포지원 2014.06.02 2014고단55

-광주지방법원 목포지원 2015.10.26 2015고단967