logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.12.13 2013고단2668
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

Punishment of the crime

1. At around 11:00 on August 19, 2013, the injured Defendant suffered injury, such as satise satisfy on the left-hand saturf, the left-hand saturf, etc., requiring treatment for about 21 days on the part of the injured Defendant, when she had a verbal dispute with the victim D (the age of 61) in front of the first Seocho apartment of Kimhae-si, Kimhae-si (the age of 61).

2. Around 19:20 on August 19, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with deadly weapons, etc.) caused the injury of the victim, on the same day, the Defendant: (a) carried a hack pipe (83 cm in length) that is a dangerous object around the Defendant’s house, and carried a hack pipe (83 cm in length) that is a dangerous object around the Defendant’s house; (b) demanded the victim to take a hack; and (c) caused the victim’s head and body part of the victim by the hack pipe, and caused the victim’s injury, such as dives, typiles, salt, etc., which requires treatment for about 21 days, in consideration of the victim’s head and body part with the hack pipe.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Seizure records;

1. Photographs;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 (the point of injury to carry dangerous articles) of the Punishment of Violences, etc. Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 48(1) of the Criminal Act is that the defendant, on the same day, injured the victim two times or more on the same day on the grounds of trial expenses with the victim, and in particular, in the case of the second injury, the hack pipe, which is a dangerous object, is important.

arrow