logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.07.23 2015노1328
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal (unfair punishment) that the court below sentenced against the defendant is too unreasonable.

Judgment

The crime of this case is committed by using the improvement of the victim's head, which is a dangerous object, and the fact that the method of the crime is poor is unfavorable.

However, while the defendant was under conflict between the victim living in adjoining areas due to the parking of his/her vehicle and water supply and drainage system, it appears that the remaining contingent crime of this case is likely to result in the crime of this case under the influence of alcohol; the defendant deposits 300,000 won for the victim in his/her trial and reflects his/her mistake and does not repeat such crime; the defendant has no criminal records of identical violence; the defendant does not have criminal records of the same kind; the defendant's will have a clear social relation; the crime of violation of the Punishment of Violences, etc. Act [Violation of the Act on Punishment of Violences, etc. (Bodily Injury, etc.)] according to the sentencing guidelines established by the Sentencing Committee; the range of recommended sentences for the crime of violence; the first category of punishment for habitual injury, repeated injury, injury or special injury; the area of minor injury 】 decision on his/her own recommendation x the number of years of imprisonment with prison labor for a minor injury x one year or more; the main reasons for the suspended execution of imprisonment with prison labor for a minor injury /6 months or more;

arrow