logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.08.26 2015고단2079
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 became final and conclusive.

Reasons

Punishment of the crime

At around 18:30 on May 5, 2015, the Defendant: (a) while drinking mixed alcohol at a “D” restaurant located in Gangnam-gu Seoul Metropolitan Government, the Defendant: (b) followed the victim E (the age of 56) who served in the table table on the table, sent the disturbance to the proprietor of the said restaurant; (c) followed the victim’s face; (d) followed the victim by drinking the victim, and (e) followed the victim’s face; (e) the victim was able to take the fluor’s disease, which is a dangerous object on the table, by hand.

As a result, the defendant carried dangerous things and inflicted injury on the victim, such as the complete escape of the baby in need of treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Medical certificate, on-site photograph, and the upper part of the body of the victim;

1. Application of Acts and subordinate statutes to each investigation report (referred to 6,10) (Evidence List Nos. 6,10);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: From one year and six months to fifteen years;

2. Where the mitigation area (one year and six months through six months), mitigation area (one year and six months through six months), punishment not (including advanced efforts to recover damage), or considerable partial damage is recovered, in the application of the sentencing guidelines (referring to the range of recommending punishment on May 15, 2015) (the scope of recommending punishment), habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury).

3. In light of the fact that the Defendant, who has been punished for the same kind of crime, has a number of records of punishment for the accused, and that the accused, who is a dangerous object on the ground of minor trial expenses, has a heavy nature of the crime in light of the background and method of the crime, etc.: Provided, That the accused, who has agreed with the victim, has begun to receive a medical treatment for proof of alcohol for the purpose of not re-offending in the future, and the background, mode, and circumstances after the crime of this case were committed.

arrow