logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.08.27 2015고단4893
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On July 23, 2015, at around 00:45, the Defendant, using the Defendant’s check card, which was lost by the victim D (Nam, 51 years of age) located in the Busan East-gu, Busan-gu, the Defendant: (a) stated that the Defendant would withdraw KRW 1.5 million from the Defendant’s account using the Defendant’s check card with the victim and the employees of the said main store; (b) followed the Defendant’s reply to denying the Defendant’s account; and (c) sought the answer, the Defendant: (a) “FI Mara Mara Ma”; and (d) was prepared in advance, knife knife knife knife knife knife knife knife knife knife knife knif

In the process, the defendant, who is part of the knife day, has again reached knife the victim's side flife and knife by taking approximately 2 cc of the remaining knife of the above knife.

As a result, the Defendant inflicted bodily injury on the victim, such as inside and outside heat, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of suspect mobile phone text photographs, and written diagnosis of injury);

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] : In the case of habitual injury, repeated injury, and special injury, the basic area (2 to 4 years) of Type 1 (2 to 4 years) (including special mitigation (2 to 2 years) (including advanced efforts to recover damage) or considerable damage; / In the case of the crime of this case resulting from the misunderstanding of the defendant, the contents of the crime of this case are considerably insufficient.

However, the defendant was the first offender after the crime of this case.

arrow