logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2014.12.03 2014고단310
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2014, at around 02:00, the Defendant: (a) at the five entertainment tavern 5 room in Donnam-gun, Yando; (b) the victim E (the age of 32) neglected to contact while under the influence of alcohol; (c) the Defendant’s conduct and dispute with the Defendant; and (d) the Defendant, “I would like to hear the Defendant’s horses,” and “I would like to see the Defendant’s speech,” and “I would like to see that I would go against the drinking value; (b) on the ground that I would go back, I would like to see the victim’s left eye, which is a dangerous object on the table of the Defendant and the victim.”

As a result, the defendant assaulted the victim with dangerous objects, and committed 14 days of treatment, such as snow-free singing, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. An investigation report (recording a statement from a mobile phone);

1. A written diagnosis of injury;

1. Two copies of a photograph of damaged part;

1. Application of two Acts and subordinate statutes to Chapter two separate photographs;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury [Special Mitigation] mitigation area (1 year and six months to six months), punishment not (including efforts to recover damage), or where considerable damage has been restored to the mitigated area (1 year and six months of imprisonment, 2 years of suspension of execution, 120 hours of community service, etc. - In this case, considering the fact that the defendant got out of plastics, which is dangerous goods, and caused the victim to suffer a necessary injury for two weeks of medical treatment, it is necessary to strictly punish the defendant in light of the fact that the crime is not good.

However, the defendant is able to repent his mistake in depth.

arrow