logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2013.12.18 2013고단2290
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 18:13 on September 3, 2013, the Defendant: at the Defendant’s house located in Gwangju-si C building 303, the Defendant: (a) found a divorce lawsuit pending; (b) opened a kitchen kitchen (22cm in the blade; 35cm in the total length) and left hand of the kitchen, which is a deadly weapon, on the hand, in which D and the victim E (50 years old) enter the house by appending the locks and opening the house; and (c) had an excessive (10cm in the blade; 20cm in the total length; 35cm in the blade), and had an open room in the part of the victim, which took the part of the kitchen knick in front of the door.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Records of seizure and the list of seizure;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photograph victims E;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following grounds for sentencing):

3. Article 62 (1) of the Criminal Act (Concurrent Consideration for sentencing).

4. Probation, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

5. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment: Imprisonment for not less than one year and not less than six months;

2. Scope of sentences recommended on the sentencing guidelines [type of crime] Types 1 of special injury [Special Aggravation of Punishment]: Minor injury, responsibility of the victim [general person] mitigated elements: Serious reflect [Determination of the scope of punishment by recommendation] mitigated area (based on suspended sentence of imprisonment between one and half years through two years and six months] mitigated area (based on suspended sentence of imprisonment] (based on suspended sentence of imprisonment): One year and six months): The person carrying a lethal weapon or other dangerous object, and has no criminal records of a significant radius, minor injury, occurrence of a crime, or expansion of damage to the victim: There is no criminal record of a significant radius, suspension of execution or more (affirmative);

3. Determination of sentence: Two years of imprisonment and three years of a stay of execution; and

4. This case where the defendant has a reason for probation.

arrow