logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2015.07.22 2015고단385
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 6, 2015, at around 21:30, the Defendant, without any justifiable reason, carried a beer disease, which is a dangerous object to the victim D (year 5) who was drinking alcohol in a cafeteria “C” restaurant located in Hongsung-gun B, Chungcheongnam-gun, and continued to gather one son who is a dangerous object, toward the victim, and was in line with the victim’s right buck.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into consideration favorable circumstances that the defendant has committed any contingent crime while under the influence of alcohol, as follows: (a) the victim does not want the punishment against the defendant by mutual consent with the victim; (b) the victim does not want to have the punishment against the defendant; (c) there is no penalty force exceeding

1. Determination of the types of sentencing [the scope of applicable sentencing guidelines] under Article 62 (1) of the Criminal Act ( repeatedly taking into account the favorable circumstances): Imprisonment with prison labor for not less than 6 months but not more than 15 years (the scope of applicable sentencing guidelines): Violence crimes, assault crimes, and Type 6 (Special Violence): The recommended area and the scope of recommended sentences: the area of mitigation of punishment, the range of recommended sentences, the area of imprisonment with prison labor for not less than 4 months and not more than 1 years and not more than 2 months: Imprisonment with prison labor for not less than 6 months and not more than 1 year and not more than 1 months: the scope of recommended sentences corrected: 6 months and not more than 1 year and not more than 2 years of suspended sentence;

arrow