logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2015.04.16 2015고단104
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On March 14, 2013, the Defendant was sentenced to six months of imprisonment in violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Busan District Court on September 13, 2013, and completed the execution of the sentence in the Busan Correctional Institution on September 13, 2013.

At around 17:30 on November 29, 2014, the Defendant: (a) sought from the Victim K (53 years of age) to install a Baduk in front of a tent with no trade name near the entrance of the J Park in Nam-gu, Busan; (b) sought from the Victim K (53 years of age to “Abrogate, she is not aware of, but, at the same time, she was able to do so; (c) listen to fin residues and so on; and (d) she has a kitchen knife, which is a deadly weapon (16cm in length), and the victim’s left side knife, and put about 5c meters in the left side of the abandonment, which requires treatment of approximately 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Investigation report (investigation into attachment of a written opinion by a doctor);

1. Records of seizure and the list of seizure;

1. Previous convictions in judgment: Application of criminal records, investigation reports (the date of confirmation, the date of release from court and attachment of judgment);

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;

2. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

3. In light of the following circumstances in the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the grounds for sentencing), and other factors as stated in the records of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstances leading to the Defendant to commit the instant crime, means and results, and the circumstances before and after committing the instant crime, even if considering the favorable circumstances of the Defendant, the sentence of sentence is deemed inevitable, and the sentence is determined like the order.

The favorable circumstances: The defendant recognized the crime of this case and divided his mistake.

arrow