logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 공주지원 2014.03.28 2013고단344
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 09:20 on July 5, 2013, the Defendant, while drunkly engaging in a fluoral dispute with the mother of the Defendant (the 73 years of age) at the place of residence of the Defendant in Gongju-si, the Defendant, on July 5, 2013, got the head of the victim at one time and sustained approximately three weeks of acute fluoral transfusion, which is an object dangerous around the king and was in danger of the king (the 6.5 cm in length, approximately 126 cm in length).

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to E by the police;

1. First aid report:

1. A copy of the opinion;

1. On-site photographs;

1. Application of a summary of the details of hearing statements from the victim D;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (2) and (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the same as the statement in the reason for the punishment of discretionary mitigation);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the same as the statement of the reasons for the suspended sentence);

1. Application of the sentencing guidelines [Determination of Type] : (a) habitual injury, repeated injury, special injury by special person (special person in special form ] habitually injury, repeated injury, special injury (including special person in special form ); (b) where the punishment of the factors to be mitigated (including serious efforts to recover damage) or considerable damage has been recovered; the victim (decision of the recommended area) who continues to exist as an aggravated element / [Scope of recommendation punishment] 2 to 4 years; and

2. Inasmuch as the Defendant: (a) committed the instant crime committed by assaulting the victim, who is the mother, in a steel bar, thereby inflicting considerable bodily injury on the victim; and (b) there is no need to impose severe punishment.

However, the victim does not want a strong criminal punishment against the defendant, the defendant appears to have committed the crime of this case by contingency under the influence of alcohol, the overall fact of the crime is recognized, and the defendant commits violent crimes against his family prior to this case.

arrow