logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2015.09.01 2015고단584
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 6. 1. 19:25경 이천시 어재연로 10번길 25에 있는 남천공원에서 함께 술을 마시던 피해자 C(49세)으로부터 “야, 임마, 앞으로 남들과 싸우지 마라.”라는 말을 듣고 격분하여 주변에 있는 위험한 물건인 빈 소주병을 집어 들어 깨뜨린 후 깨진 소주병을 왼손에 쥔 채로 오른손바닥으로 피해자의 얼굴을 1~2회 때리고, 왼손에 들고 있던 깨진 소주병으로 피해자의 입술 부위를 1회 찌르고, 계속하여 손바닥으로 피해자의 얼굴을 수회 때렸다.

As a result, the defendant carried dangerous objects and carried them with an influence of treatment days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of parts of damage and photographs of a shoulderer who uses the crime);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., on the ground that the defendant did not attend the sentence and did not inflict injury on the victim by shouldering the victim, etc., on the ground that the victim was wraped with another person, etc., and that there is a record of punishment several times for the same kind of crime, and that the defendant committed a crime against himself/herself, and that the defendant was committed against himself/herself; that the victim did not wish to be punished by agreement with the victim; that the defendant did not have any record of punishment exceeding the fine for the same crime; that the defendant did not have any record of punishment, and that prevention of recidivism by treating the victim rather than punishment

arrow