logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2015.04.02 2015고단33
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 01:00 on December 21, 2014, the Defendant, while under the influence of alcohol at the “DB club” stage in Daegu Seo-gu C, Daegu-gu, without any reason, carried out beer disease, which is a dangerous object for the victim E (n, 27 years of age). The Defendant collected the stroke container, which is a dangerous object for the victim F.(47 years of age), and collected the stroke container, which is a dangerous object, for approximately two weeks of medical treatment, and the victim E suffered injury from the two-day open body, and the victim F was above the face of the number of days of medical treatment.

Accordingly, the defendant used dangerous articles to inflict an injury on the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to F and E;

1. Application of the relevant Acts and subordinate statutes to a medical certificate (21 pages of evidence), a report on investigation (referring to photographs of criminal implements);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the crime of this case was committed on the grounds of the crime that was committed by the victim, who was in a dangerous object, and was injured by the victim. However, the criminal liability of the defendant is unlimited, the defendant led to the confession of and reflect in depth on the crime, the degree of injury of the victims is light, and the victims were not punished against the defendant by mutual consent between the victims and the victims. In addition, the defendant's age, character and behavior, environment, motive and circumstance of the crime, relationship with the victim, and the circumstances after the crime, etc. shall be considered as favorable to the defendant. The punishment shall be determined as ordered by taking into account all the conditions of the sentencing specified in the records and arguments of this case, including the following:

arrow