logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.05.19 2015고단894
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

1. On November 12, 2014, the Defendant committed a crime on November 12, 2014, around 11:00, at the D office at the construction site of Daranam-do, Jeonnam-do, the Defendant: (a) brought a dispute with the victim E (the age of 42) on the ground that the victim said that he was unaware of the Defendant, while making a dispute with the victim, and (b) made the victim said that he did not have the right to the Defendant, and (c) laid down the head part of the victim’s head one time with a pent (a 24cm in length) dangerous object at the same time, and caused the victim’s second diagnosis of the treatment days.

2. On November 13, 2014, the Defendant: (a) around 08:30 on November 13, 2014, at the place indicated in paragraph (1); (b) around 08:30 on November 13, 2014, the Defendant, who committed a conflict with the victim E, committed a golf seed ( approximately 99cc in length), which is a dangerous thing for the victim’s damage; and (c) on the part of the victim, carried out a handbridge and a bridge, etc., for approximately two weeks of medical treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. Each statement of the police about E, F, and G;

1. Application of Acts and subordinate statutes, such as a written complaint, photograph, and written diagnosis of injury (Evidence Nos. 1, 5, 10)

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 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. On the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order, if the mitigated area (including special mitigation), the mitigated area (one year and six months to two years and six months), the punishment not (including serious efforts to recover damage), or considerable partial damage is recovered, the final sentencing range due to the aggravated punishment for multiple crimes: A decision is made as ordered on the grounds of not less than one year and six months to three years and nine months;

arrow