logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.11.25 2015고단6621
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. A special intimidation: (a) around 22:50 on July 21, 2015, at the main point of “E” operated by the victim D (W, 53 years of age) located in Dong-gu Incheon Metropolitan City, the Defendant: (b) directed the victim by using a knife (knife, 7.5 cm, 17.5 cm in length, 17.5 cm in length, and 17.5 cm in length) which is a dangerous object that the said victim was in possession to report to the police by assaulting the knife to the above F while drinking with the victim and the F, without any particular reason.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) by threatening D, such as paragraph (1), at the time and place specified in paragraph (1), and paragraph (1), thereby putting D in his hand the knife (7.5cm in blade and 17.5cm in total length, 17.5cm in knife) which is an object dangerous to his/her hand, and put the victim FF (54cm in knife) a different knife in his/her knife, and put the victim’s knife in his/her knife part (1.5cm in length, 5cm in length, 5m in depth, 5m in depth), in which the victim’s knife cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Records of seizure and the list of seizure;

1. Application of statutes on photographs of damage;

1. Relevant Article of the Criminal Act and Articles 284 and 283(1) of the Criminal Act, the choice of punishment for a crime, Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act (a) of the Criminal Act (a person who inflicts bodily injury on carrying dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Social service order under Article 62-2 of the Criminal Act;

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

1. The scope of the recommended sentence for the sentencing criteria shall be the primary crime; and

arrow